D.P.Srinivasan v. State Rep By Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD H.C.P.(MD) No.851 of 2024 D.P.Srinivasan ... Petitioner / father of the detenu Vs.

1.State Rep. by The Assistant Commissioner of Police, Law and Order, Cantonment Trichy.

2. The Inspector of Police, K.K.Nagar Police Station Trichy District.

3. The Crime Branch Criminal Investigation Department, SIDCO Electronic Complex Block No.3 1st Floor and 3rd Floor, Guindy Industrial Estate, Chennai - 32.

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4. The Superintendent of Police, Old Secretariat, Idgah Hills Bhopal - 462 001, Madhyapradesh.

5. The Sub Divisional Officer of Probe, Misrod, Near Sun City, Hoshangabad Road, Misroad Police Station, Misrod, Bhopal - 426 026 Madhyapradesh.

6. The Inspector of Police, Misrod Police Station Near Sun City, Hoshangabad Road Misroad Police Station, Misrod, Bhopal - 426026 Madhyapradesh.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 to 3 to produce the person or body of D.S.Srikumar who is found missing from 29.07.2017 before this Court and to hand over his custody to the petitioner.

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For Petitioner : Mr.A.Sivasubramanian For Respondents 1 to 3 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

The case of the petitioner is that his son D.S.Srikumar, a M.Sc., M.Tech., graduate and working at Okaya Batteries in Bhopal, Madhyapradesh, was found missing within a week from the date on which his marriage was determined by the petitioner. He left Bhopal on 10.05.2017 and later simply disappeared.

2. The petitioner had earlier filed H.C.P(MD)No.565 of 2018 and the same had been closed vide order, dated 28.08.2018 and the Division Bench of this Court had stated that if the petitioner had any information about the missing boy, they could always furnish the same to the third respondent, Crime Branch Criminal Investigation Department at Guindy Industrial Estate, Chennai and who, in-turn, may direct the respondents 4 to 6 to proceed further with the investigation.

3. The present Habeas Corpus Petition has been filed since 7 years have now passed by and no information has been received about 3/7

the whereabouts of D.S.Srikumar. On the side of the respondents, the copy of the case diary had also been produced listing out in detail the strenuous efforts taken to trace him. It has been stated that a missing person case had been registered at Police Station Misrod at Bhopal, on 09.08.2017 in missing person No.48/2017. It has been further stated that wireless message had been sent to different Police Stations at Bhopal. Statements have also been recorded from various individuals, including the petitioner herein, his wife and also other independent witnesses. The respondents 4 to 6 had taken help from cyber cell, radio and print media. They had also issued gazette notification, radio message and newspaper publication and also broadcast in the television.

They had also taken CDR and tower location of the missing person and found that the last call was made, when he was at Bhopal. They had also published pamphlets showing photographs of the missing person at various places like Railway Station, Bus stand and other public places. They had also prepared a person search memo. It had been stated that the matter was also sent for gazette publication in Criminal Intelligence Gazette. It had been further stated that during the investigation, unidentified dead bodies were also searched from the list in the Criminal Intelligence Gazette from 2017 to 2024, but no clue had been found so far.

stated that inspite of very strenuous efforts taken, the son of the petitioner could not be located.

4. In view of the said steps taken which have proved futile, we close the Habeas Corpus Petition with liberty to the petitioner that if they get any further information, they may inform to the third respondent, who may pass that information further to the respondents 4 to 6. It is to be noted that D.S.Sivakumar, the son of D.P.Srinivasan, the petitioner herein, is now missing from 10.05.2017 to till this date.

5. Accordingly, this Habeas Corpus Petition is closed. (C.V.K., J.) (J.S.N.P, J.) 12.08.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7

To 1.State Rep. by The Assistant Commissioner of Police, Law and Order, Cantonment Trichy.

2. The Inspector of Police, K.K.Nagar Police Station Trichy District.

3. The Crime Branch Criminal Investigation Department, SIDCO Electronic Complex Block No.3 1st Floor and 3rd Floor, Guindy Industrial Estate, Chennai - 32.

4. The Superintendent of Police, Old Secretariat, Idgah Hills Bhopal - 462 001, Madhyapradesh.

5. The Sub Divisional Officer of Probe, Misrod, Near Sun City, Hoshangabad Road, Misroad Police Station, Misrod, Bhopal - 426 026 Madhyapradesh.

6. The Inspector of Police, Misrod Police Station Near Sun City, Hoshangabad Road Misroad Police Station, Misrod, Bhopal - 426026 Madhyapradesh.

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

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C.V.KARTHIKEYAN, J.

and J.SATHYA NARAYANA PRASAD, J.

RM ORDER MADE IN H.C.P.(MD) No.851 of 2024 12.08.2024 7/7