Madras High CourtHCP(MD)/1534/2022disposed of

Mariyammal v. The Superintendent Of Police

2022-09-16Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2022

CORAM

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MR JUSTICE N. ANAND VENKATESH H.C.P.(MD)No.1534 of 2022 Mariyammal .. Petitioner /Wife of the detenu Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Alagappapuram Police Station, Alagappapuram, Sivagangai, Cr.No.66 of 2022 .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 2nd respondent to produce the person or body of the petitioner's husband Pandiselvam, S/o.Karuppaiah, aged about 34 years and produce before this Court and set him at liberty. For Petitioner : M/s.S.Vikram For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

J. NISHA BANU,J.

and N. ANAND VENKATESH,J.

The wife is the petitioner, who has filed this petition, to produce the body of her husband, who is said to be missing from 08.07.2022 onwards.

2. The learned Additional Public Prosecutor, on instructions, submitted that there was misunderstanding between the petitioner and her husband and the petitioner had gone to her parents house. While she returned back, the husband went missing. Based on the complaint given by the petitioner, a man missing FIR came to be registered in Crime No.66 of 2022 and the same is being investigated seriously to find out the whereabouts of the husband of the petitioner.

3. In the considered view of this Court, it will suffice if a direction is issued to the respondent police to proceed further with the investigation in line with the guidelines given by this Court in Selvaraj v. State rep. by the Superintendent of Police and others reported in (2018) 3 MLJ (Crl) 712. The respondent police shall expeditioiusly find the whereabouts of the

husband of the petitioner and bring the case to an end.

4. The Habeas Corpus Petition is disposed of with the above direction.

(J.N.B.,J.) (N.A.V.,J.) 16.09.2022 Index : Yes/No Internet : Yes RR To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Alagappapuram Police Station, Alagappapuram, Sivagangai, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

J. NISHA BANU,J.

and N. ANAND VENKATESH,J.

RR H.C.P.(MD)No.1534 of 2022 16.09.2022