A.Sahana v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL A.Sahana ... Petitioner -vs1.The State of Tamil Nadu The Superintendent of Police Madurai District, Madurai 2.The Inspector of Police Usilampatty Taluk Police Station Madurai District ... Respondents (Crime No.72 of 2025) PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the second respondent to produce the person or body of petitioner's mother, namely, Andichiyammal @ Amutha, wife of Moorthy, aged 39 years and produce before this Court and set her at liberty. For Petitioner :

Mr.M.Ananthkumar For Respondents :

Mr.A.Thiruvadikumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.DHANDAPANI, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure her mother, namely, Andichiyammal @ Amutha, aged 39 years, produce her before this Court and set her at liberty.

2. According to the petitioner, on 18.04.2025, her mother Amutha @ Andichiyammal went to their relative's function, however, she did not return to home and her mobile number also is not reachable. Despite search, she could not trace her mother. Hence, on 21.04.2025, she lodged a complaint before the second respondent. Based on the said complaint, the second respondent registered a case in crime No.72 of 2025 under the caption "Woman Missing". However, no action was taken by the respondents to trace the petitioner's mother. Hence, the present habeas corpus petition.

3. Learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondent - Police to complete the investigation in this case in accordance with law and trace the detenue within a time stipulated by this Court.

4. Learned Additional Public Prosecutor appearing for the respondent - Police, on instructions, submitted that based on the complaint given by the petitioner, the respondent - Police have registered a case in crime No.72 of 2025 under the caption "Woman Missing" on 21.04.2025. Further, he submitted that investigation is going on and as and when the whereabouts of the detenue is found, she would be produced before the jurisdictional Magistrate Court and it would be intimated to the petitioner.

5. In view of the above, this habeas corpus petition is disposed of with a direction to the respondent Police to complete the investigation in this case in accordance with law and trace the detenue as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. As and when the detenue is secured or her whereabouts is identified, she shall be produced before the jurisdictional Magistrate Court and the same shall be intimated to the petitioner forthwith. [M.D.I., J.] [R.S.V., J.] 08.05.2025 NCC :

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To:

1.The Superintendent of Police, State of Tamil Nadu, Madurai District, Madurai.

2.The Inspector of Police, Usilampatty Taluk Police Station, Madurai District.

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

M.DHANDAPANI, J.

AND R.SAKTHIVEL, J.

krk 08.05.2025