Kasimayan v. The Superintendent Of Police

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 Kasimayan ... Petitioner -vs1.The Superintendent of Police Madurai District Madurai 2.The Inspector of Police Usilampatti Town Police Station Usilampatti Madurai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to secure the detenu and produce the body of person of the detenu viz., K.Chitra, wife of Kasimayan, aged about 38 years, before this Court and set her at liberty forthwith.

For Petitioner :

Mr.P.Balan 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 his wife is missing. It appears that based on the complaint given by the petitioner, a case in Crime No.173 of 2023 has been registered on the file of Usilampatti Town Police Station, Madurai District. The so-called detenue is a major, aged about 38 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 detenue. The jurisdictional Deputy Superintendent of Police will monitor the investigation and as and when the detenue is secured, she will be produced before the learned jurisdictional Magistrate. The learned jurisdictional Magistrate will enquire the detenue and pass appropriate orders based on the outcome of the said enquiry.

4. With the above direction to the second respondent to secure the detenue 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, Madurai District, Madurai.

2.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai 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