Madras High CourtHCP(MD)/1285/2021disposed of

Tirupathi v. The Superintendent Of Police

2021-09-03Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P.(MD) No.1285 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1285 of 2021

1. Tirupathi

2. Minor Samiya Yasika

3. Minor Subetha Sri ... Petitioners (Petitioners 2 and 3 are represented by father the 1st petitioner) vs.

1.The Superintendent of Police, Sivagangai District.

2.The Superintendent of Police, Kanniyakumari District.

3.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

4.The Inspector of Police, Karungal Police Station, Kaniyakumari District.

5.Stalin ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents to produce the person or body of the petitioner's wife, detenu namely Sathya Deepa, D/o.K.Sekar, aged about 30 years, before this Court and set her at liberty.

For Petitioner : Mr.RM.Arun Swaminathan For R1 to R4 : Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's wife by name Sathya Deepa, aged about 30 years, found missing and suspecting that the fifth respondent has abducted her, the first petitioner has lodged a complaint before the third respondent police. But, so far no action has been taken to secure the detenu. Hence, the present Habeas Corpus Petition has been filed.

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H.C.P.(MD) No.1285 of 2021

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing counsel appearing for the respondents would submit that so far they are not able to secure the detenu and they are conducting investigation to secure the detenu.

3. Considering the above facts, the third respondent police is directed to proceed with the investigation and secure the detenu and produce before the concerned jurisdictional Magistrate. On such production, the concerned jurisdictional Magistrate is directed to pass suitable orders, regarding the custody of the detenu, in accordance with law.

4. With the above directions, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Sivagangai District.

2.The Superintendent of Police, Kanniyakumari District.

3.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

4.The Inspector of Police, Karungal Police Station, Kaniyakumari District.

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

ORDER MADE IN H.C.P.(MD) No.1285 of 2021 GC(22.09.2021) 2P 6C 03.09.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2