O.Mohan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2022

CORAM:

THE HONOURABLE MRS.JUSTICE J. NISHA BANU THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH O.Mohan .. Petitioner Vs.

1.The Commissioner of Police, Trichy City.

2.The Inspector of Police, Woraiyur Police Station, Trichy City.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents to produce the person or body of the son of the petitioner namely, Srinivasan, son of Mohan, aged about 25 years, before this Court and set him at liberty.

For Petitioner : Mr.V.Thirumal For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

J.NISHA BANU, J.

N.ANAND VENKATESH, J.

This Habeas Corpus Petition has been filed seeking to direct the respondents to produce the petitioner's son namely, Srinivasan, aged about 25 years, before this Court and set him at liberty.

2. The petitioner is the father of the detenu, aged about 25 years. The case of the petitioner is that his son went missing from 13.06.2022 and a complaint was given before the respondent police in this regard. The respondent police registered a FIR in Crime No.690 of 2022. The grievance of the petitioner is that till date the respondent police has not found out the whereabouts of the son of the petitioner. Hence, the present petition has been filed to produce the body of the detenu.

3. The learned Additional Public Prosecutor, on instructions, submitted that the respondent police is taking all efforts to find the whereabouts of the detenu and sought for some time.

4. In the considered view of this Court, there is no requirement to keep this Habeas Corpus Petition pending and it will suffice if a direction is given to the respondent police to follow the guidelines issued by this Court in K. Sukumari Vs. The Superintendent of Police, Virudhunagar District, Virudhunagar, reported in 2018(2) - L.W. (Crl) - 636. This Court expects the respondent police to expedite the investigation and find the whereabouts of the detenu as early as possible.

5. In the result, the Habeas Corpus Petition is disposed of accordingly.

(J.N.B.,J.) (N.A.V.,J.) 06.09.2022 Index : Yes/No Internet : Yes rm

To 1.The Commissioner of Police, Trichy City.

2.The Inspector of Police, Woraiyur Police Station, Trichy City.

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

J.NISHA BANU,J.

N.ANAND VENKATESH, J.

rm 06.09.2022