Madras High CourtHCP(MD)/1408/2021closed

M.Sheik Abdulla v. The Superintendent Of Police

2021-09-23Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P.(MD)No.1408 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD)No.1408 of 2021 M.Sheik Abdulla ... Petitioner/Father of the detenue vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Subramaniyapuram, Trichy, Trichy District.

2.The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

3.Abdul Hakim ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 and 2 to secure and produce the body or person of the detenue namely Ajara Begam (petitioner's daughter) D/o.M.Sheik Abdulla, aged 21 years, who may be in the illegal custody of the 3rd respondent or somebody else and produce before this court and set her at liberty.

For Petitioner :

Mr.K.Yasar Arafath For Respondents :

Mr.S. Ravi Additional Public Prosecutor

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's daughter, by name, Ajara Begam, aged about 21 years, found missing from 24.04.2021 and suspecting that the third respondent has abducted her, The petitioner has given a complaint before the second respondent police. Since no action has been taken by the second respondent to secure the detenu, the present Habeas Corpus Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.1408 of 2021

2. The learned Additional Public Prosecutor appearing for the respondent Police, on instructions, would submit that they have received only a online complaint and her whereabouts is not known and they are continuing the enquiry on the complaint given by the petitioner.

3. Considering the submissions, sine the detenue is found missing for more than four months, the second respondent police is directed to proceed with the investigation, secure the detenue as early as possible and produce before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenue, in accordance with law.

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

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/mpk 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, Office of the Superintendent of Police, Subramaniyapuram, Trichy,Trichy District.

2.The Inspector of Police, Uppiliyapuram Police Station,Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD)No.1408 of 2021 23.09.2021 MGJ(20.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2