Duraipandi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Duraipandi ... Petitioner -vs1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Krishnan Kovil Police Station, Virudhungar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents herein to secure and produce the body or person of the detenu namely Kiruba, S/o.Duraipandi, aged about 29 years before this Court and set him at liberty.

For Petitioner :Mr.A.Selva Kumar For Respondents :Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the father of the detenu seeking to produce the person or body of the petitioner's son, namely, Kiruba, S/o.Duraipandi, aged about 29 years, before this court.

2. The case of the petitioner is that he is having two sons and the detenu herein is his younger son. The detenu is pursuing his B.Com, L.L.B., degree at Kalasalingam University as a Hosteller. As a usual course, on 10.05.2024 at about 06.00 p.m., his son has left the hostel by informing that he is going to home whereas, he has not come to home and also not returned back to the hostel. On 16.05.2024 he has lodged a complaint to the second respondent and a case in Crime No.86 of 2024 under 'Man Missing' came to be registered. Since, the respondents have not taken any steps to trace the petitioner's son, he has filed the present habeas corpus petition.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that based on the complaint given by the petitioner, a case in Cr.No.86 of 2024 has been registered under 'man missing'. The respondent police has investigated the case. He would further submit that the detenu has returned back to the home.

4. Today, the respondent police has produced the detenu before this Court. We enquired the detenu. He has stated that due to misunderstanding with his father, on his own volition he has left the home.

5. In view of the above, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 13.06.2024 Index : Yes / No Internet : Yes / No am

To:

1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Krishnan Kovil Police Station, Virudhungar District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 13.06.2024