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Madras High CourtHCP(MD)/749/2016dismissed

R.Balamurugan v. The Superintendent Of Police

2016-09-15Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.749 of 2016 R.Balamurugan : Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District, Collectorate Complex, Virudhunagar.

2.The Inspector of Police, Watrap Police Station, Watrap, Srivilliputhur Taluk, Virudhunagar District.

3.Sundaram 4.Muthuveeranan : 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 first and second respondents to produce the body or person of petitioner's father, namely Ramar, aged about 61 years who is under the illegal custody of the third and fourth respondents before this Court and set him at liberty. For Petitioner : Mr.M.Ashokkumar For Respondents 1&2 : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this Habeas Corpus Petition alleging that his father, by name, Mr.Ramar, aged 61 years, has been found missing from the month of April, 2016. On a complaint made by the petitioner, a case has also been registered in Crime No.287 of 2016 and the same is under investigation. Since the https://hcservices.ecourts.gov.in/hcservices/

detenu has not been rescued, the petitioner has come up with this Habeas Corpus Petition.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the first and second respondents. We have also perused the records carefully.

3. The learned Additional Public Prosecutor submitted that a status report was filed by the Inspector of Police, Watrap Police Station, who is the Investigating Agency, wherein he has detailed the steps taken in the matter of investigation. The detenu was found missing from Railway and all efforts are being taken.

4. We are satisfied with the investigation and the way in which it has been conducted and no further direction could be granted to the petitioner in this Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition is dismissed, however, with the observation that the second respondent shall proceed with the investigation in an expeditious manner.

Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District, Collectorate Complex, Virudhunagar. 2.The Inspector of Police, Watrap Police Station, Watrap, Srivilliputhur Taluk, Virudhunagar District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.M.ASHOK KUMAR, Advocate, SR No.52893 Order made in H.C.P.(MD) No.749 of 2016 Dated: 15.09.2016 SML SH/SS-2:26.09.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/