B.Jeyanthi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:18.08.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS Habeas Corpus Petition (MD).No.990 of 2016 B.Jeyanthi .. Petitioner vs.
1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.
3.The Superintendent of Police, Nagapattinam District, Nagapattinam.
4.The Inspector of Police, Vellankanni Police Station, Vellankani, Nagapattinam District.
5.Eswaran 6.Mahalakshmi .. Respondents Prayer:Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 to 4 to produce the person or body of the petitioner's unnamed granddaughter; daughter of suganya, aged 12 months, before this Court, handover the custody of the child to the petitioner. For petitioner : Mr.N.Dilip Kumar For respondents : Mr.C.Mayilvahana Rajendran for R1 to R4 Additional Public Prosecutor
ORDER
(Order of the Court was made by K.K.SASIDHARAN,J) We have perused the Status Report filed by the Inspector of Police, Velanganni Police Station, Nagapattinam and the Inspector of
Police, South Police Station, Thoothukudi. The child was missing from 11.02.2016 while she was at Velanganni with the daughter of the petitioner.
2. Even though more than 4 months have lapsed, the police could not trace out the detenue and the same is evident from the Status Report filed by the Inspector of Police, Velanganni Police Station, Nagapattinam as well as the Inspector of Police, South Police Station, Thoothukudi.
3. The Director General of Police, Chennai, issued a memorandum, dated 10.05.2016, directing transfer of all child missing cases to the CB CID, in case the local police could not trace out the missing child within 4 months.
4. In so far as the present case is concerned, the child was missing from 11.02.2016. More than 4 months have lapsed, since the child missing was reported to the police. We are therefore of the view, this is a fit case to transfer the investigation to CB CID for speedy investigation.
5. The case in Cr.No.206 of 2016 on the file of Inspector of Police, Velanganni Police Station, Nagapattinam is transferred to the file of CB CID at Nagapattinam. The Inspector of Police, CB CID, Nagapattinam, is directed to take up the investigation and trace out the missing child, as expeditiously as possible. The petitioner is given liberty to approach this Court in case further orders are necessary.
6. The Habeas Corpus Petition is disposed of with the above observation.
Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar jikr To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.
3.The Superintendent of Police, Nagapattinam District, Nagapattinam.
4.The Inspector of Police, Vellankanni Police Station, Vellankani, Nagapattinam District.
5. The Inspector of Police, CB CID, Nagapattinam.
6.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 cc to Mr.N.DILIP KUMAR ,Advocate, Sr.No: 45454 JAM/AAL-MPA/31.08.16/ 3P-8C Habeas Corpus Petition (MD).No.990 of 2016 18.08.2016