Madras High CourtHCP(MD)/1376/2018closed

Sangeetha v. The Superintendent Of Police

2019-02-15Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.1376 of 2018 Sangeetha ... Petitioner -vs1. The Superintendent of Police Office of the Superintendent of Police Theni District

2. The Inspector of Police Cumbum South Police Station Cumbum Theni District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the Respondents No.1 and 2 to secure the body or person of the Detenue namely Deivendran, Son of Subramani aged about 43 years and produce him before this Court and set him at liberty.

For Petitioner :

Mr.C.Ramesh For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] Today, Ms.S.Subbulakshmi, Inspector of Police, Cumbum South Police Station, Theni District, is present.

2. It is the case of the petitioner that her husband Deivendran, aged about 43 years, went missing since 21.01.2015 and thereafter, his whereabouts are not known. In this connection, on the complaint given by the petitioner, a case in Cumbum South Police Station Crime No.44 of 2015 has been registered for man missing and investigation is in progress.

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3. The Deputy Superintendent of Police, Uthamapalayam SubDivision, Theni District, has filed a status report, dated 04.01.2019, detailing the steps that are being taken by the Police to trace the husband of the petitioner. Since the husband of the petitioner is not in the illegal detention of anyone, a writ of habeas corpus cannot be issued. Hence, the habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Uthamapalayam Sub-Division, Theni District, to monitor the investigation in Crime No.44 of 2015 that is being conducted by the Inspector of Police, Cumbum South Police Station and keep the petitioner informed of the developments, if any, from time to time. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2. The Inspector of Police, Cumbum South Police Station, Cumbum, Theni District.

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

4. The Deputy Superintendent of Police, Uthamapalayam Sub-Division, Theni District.

KRK TE : 13/03/2019 : 2P/5C H.C.P.(MD) No.1376 of 2018 15.02.2019 https://hcservices.ecourts.gov.in/hcservices/