Dhanalakshmi v. The Superintendent Of Police

H.C.P.(MD) No.1120 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.1120 of 2020 Dhanalakshmi ... Petitioner -vsState rep. by 1.The Superintendent of Police, Superintendent of Police Office, Dindigul, Dindigul District.

2.The Inspector of Police, Nilakottai Police Station, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the Respondents to produce the person or body of the detenu, namely, Pandi, son of Vellaisamy, aged 65 years before this Court and set him at liberty. For Petitioner :

Mr.S.Muniyandi For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has come forward with this habeas corpus petition seeking direction to the respondents to produce the petitioner's husband, namely, Pandi, son of Vellaisamy, aged 65 years before this Court and set him at liberty.

2. It is the case of the petitioner that she married the detenu about 40 years ago as per the Hindu Rites and Customs and they are also blessed with three daughters and one son. The detenu was working as Supervisor in Tamilnadu Electricity Board and retired from service on attaining the age of superannuation. The petitioner would claim that from 01.03.2009 her husband was found missing. In this regard, she gave a complaint to the second respondent and the same was registered in Cr.No.158 of 2019 on 28.06.2019 under Man Missing, but, sofar no action has been taken by the official respondents.

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H.C.P.(MD) No.1120 of 2020

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the State would submit that on 01.03.2019 the dead body of a person aged about 65 years was found out within the jurisdiction of Magudanchavadi Police Station and the case was registered in Cr.No.785 of 2020 under Section 174 Cr.P.C. It is also stated that the petitioner identified the body as that of the detenu in this case. The statement of the learned Additional Public Prosecutor is not disputed by the learned counsel for the petitioner.

4. In view of the above submissions, no further adjudication in this habeas corpus petition is required and hence, this petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) am 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, Superintendent of Police Office,Dindigul, Dindigul District. 2.The Inspector of Police, Nilakottai Police Station,Dindigul District.

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

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