Madras High CourtHCP(MD)/583/2023disposed of

V.Karkuvelayi v. The Superintendent Of Police

2023-05-10Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE S.SRIMATHY V.Karkuvelayi ... Petitioner -vs1.The Superintendent of Police Virudhunagar District Virudhunagar 2.The Inspector of Police Soolakkarai Police Station Virudhunagar District (Crime No.26/2023) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the second respondent herein to produce the body or person of the petitioner's husband namely Vivek, son of Chinnathambi, aged about 31 years, before this Court and set him at liberty.

For Petitioner :

Mr.P.Balamurugan For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

2. The case of the petitioner is that her husband is missing. It appears that based on the complaint given by the petitioner, a case in Crime No.26 of 2023 has been registered on the file of Soolakkarai Police Station, Virudhunagar District. The so-called detenu is a major, aged about 31 years.

3. Be that as it may, no case for issuance of notice in this habeas corpus petition is made out. However, we direct the second respondent to take earnest efforts to trace the detenu. The jurisdictional Deputy Superintendent of Police will monitor the investigation and as and when the detenu is secured, he will be produced before the learned jurisdictional Magistrate. The learned jurisdictional Magistrate will enquire the detenu and pass appropriate orders based on the outcome of the said enquiry.

4. With the above direction to the second respondent to secure the detenu as expeditiously as possible, this habeas corpus petition is disposed of. [G.R.S., J.] [S.S.Y., J.] 10.05.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

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

2.The Inspector of Police, Soolakkarai Police Station, Virudhunagar District.

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

G.R.SWAMINATHAN , J.

and S.SRIMATHY , J.

krk 10.05.2023