Madras High CourtHCP(MD)/734/2016dismissed

T. Meena v. The Superintendent Of Police

2016-09-16Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.734 of 2016 T.Meena : Petitioner Vs.

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

2.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

: Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the 1st and 2nd respondents to produce the body of the detenu, namely Vino Devadoss, aged about 39 years before this Court and set him at liberty.

For Petitioner : Mr.M.Maharaja For Respondents : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the wife of one Mr.Vino Devadoss, aged 39 years. According to the petitioner, he has been found missing from 25.04.2016 onwards. In this regard, on a complaint made by the petitioner, a case has been registered in Crime No.103 of 2016 for man missing. According to the petitioner, no steps have been taken to secure the missing person. That is why, she has come up with the present Habeas Corpus Petition.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. We have also perused the records carefully.

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3. It is submitted by the learned Additional Public Prosecutor that earlier in the year 2012, the detenu was found missing, for which, a complaint was made on 18.09.2012 and he has been traced along with one Selvakani and restored. Again the detenu is now found missing. During the course of investigation, it has come to light that Selvakani is also missing, thereby giving indication that the detenu has eloped with her. At any rate, investigation is under progress.

4. In view of the above said facts, no further direction is required in this matter, except making an observation that the second respondent shall expedite the investigation.

5. The Habeas Corpus Petition is dismissed with the above observation.

Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.MAHARAJA, Advocate, SR No.53114 Order made in H.C.P.(MD) No.734 of 2016 Dated: 16.09.2016 SML SH/GSV-PM:26.09.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/