Chinnadurai v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MS.JUSTICE S.S.SUNDAR H.C.P.[MD].No.1461 of 2016 Chinnadurai : Petitioner Vs.

1. The Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Avudaiyarkoil Police Station, Pudukkottai District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the detenu - Chinraj, S/o.Chinnadurai, aged about 18 years, before this Court and set him at liberty.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the father of the detenu, seeking a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenu, namely, detenu - Chinraj, S/o.Chinnadurai, aged about 18 years, before this Court and set him at liberty.

2. In the affidavit filed in support of the Habeas Corpus Petition, it has been stated that the detenu was working as a Driver in JCB, Pudukkottai. On 04.08.2016, he went to the work place. However, thereafter, he did not return back home. In this regard, the petitioner made a complaint, on 12.09.2016, through Registered Post. As there were no effective steps taken to trace out the detenu, the petitioner has come up with this Habeas Corpus Petition. https://hcservices.ecourts.gov.in/hcservices/

3. Today, when the Habeas Corpus Petition was taken up for

consideration, the second respondent police produced the detenu before this Court. When we enquired, the detenu has stated that he is aged about 21 years. On account of some quarrel between him and his father, the detenu left the home and he was staying in his cousin's house. He has further stated that he is not in illegal custody.

4. In view of the said submission made, since the detenu is not in illegal custody, we are of the considered view that nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed, setting the detenu at liberty. Sd/- Deputy Registrar (D) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Avudaiyarkovil Police Station, Pudukkottai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.S.SIVAKUMAR, ADVOCATE IN SR No. 80735 NB TE/SKN : 27/12/2016 : 2P/5C ORDER MADE IN H.C.P.[MD].No.1461 of 2016 12.12.2016 https://hcservices.ecourts.gov.in/hcservices/