Palaniyaee v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.940 of 2023 Palaniyaee .. Petitioner / Mother of the Detenu Vs.

1.The Superintendent of Police, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

3.The Inspector of Police, Perundurai Police Station, Erode District.

4.Andisamy .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 and 3 to produce the person or body of the petitioner's son namely Pandi S/o.Rasu aged about 45 years before this Court and set him at liberty.

For Petitioner : Mr.R.Rajaraman For R-1 to R-3 :

Mr.RMS.Sethuraman Additional Public Prosecutor For R-4 :

Mr.M.Prabhu

ORDER

(Order of the Court was made by M.S.RAMESH,J.) When the petitioner's son, namely, Pandi, aged about 45 years, had gone missing, she had given a complaint on 29.03.2023 before the second respondent police. Since the petitioner's son could not be traced within a reasonable time, she has filed the present Habeas Corpus Petition.

2. Today, when the matter was called, the learned Additional Public Prosecutor submitted that the petitioner's complaint registered in C.S.R.No.359/2023 dated 28.07.2023 was closed, since the earlier complaint given by the fourth respondent before the Perundurai Police Station/third respondent herein was registered in Crime No.253/2023 dated 05.04.2023 as man missing and that the third respondent police is conducting the investigation to locate the petitioner's son.

3. Since the third respondent had registered the complaint of the fourth respondent and are in the process of investigating, we deem it fit that the third respondent could be directed to expedite the investigation and file a final report.

4. In view of this decision, the prayer sought for in the present Habeas Corpus Petition does not require consideration. Accordingly, there shall be a direction to the third respondent herein to expedite the investigation in Crime No.253/2023 and file a final report as expeditiously as possible. The petitioner shall also be informed about the progress made in the investigation.

5. With the above direction, the Habeas Corpus Petition stands closed. (M.S.R.,J.) (M.N.K.,J.) 14.08.2023 NCC : Yes / No Index : Yes / No Lm

To 1.The Superintendent of Police, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

3.The Inspector of Police, Perundurai Police Station, Erode District.

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

M.S.RAMESH,J.

and M.NIRMAL KUMAR,J.

Lm H.C.P.(MD)No.940 of 2023 14.08.2023