Chinnammal v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM:

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

The Sub-Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondent herein to produce the detenu, the petitioner's son viz., M.Rajkumar, S/o.Mahalingam, aged about 37 years, before this Court and set him at liberty.

For Petitioner : Mr.B.Muneeswaran For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

J.NISHA BANU, J.

N.ANAND VENKATESH, J.

This Habeas Corpus Petition has been filed by the mother of the detenu on the ground that her son namely, Rajkumar, who is aged about 37 years, is said to be missing from the year 2016 onwards.

2. The learned Additional Public Prosecutor, on instructions, submitted that the complaint was given by the petitioner only recently and the complaint has been taken on file in C.S.R.No.41 of 2022. The learned Additional Public Prosecutor further submitted that a "man missing" FIR will be registered by the respondent police and all attempts will be made to find the whereabouts of the detenu.

3. In the considered view of this Court, the detenu is said to be missing from 22.07.2016 onwards. The complaint has been given before the respondent police only now. The respondent police shall register a "man missing" FIR on the basis of the complaint given by the petitioner and they shall investigate the case in accordance with 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.

4. This Habeas Corpus Petition is disposed of with the above directions.

(J.N.B.,J.) (N.A.V.,J.) 27.10.2022 Index : Yes/No Internet : Yes rm

To 1.The Sub-Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

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

J.NISHA BANU,J.

N.ANAND VENKATESH, J.

rm 27.10.2022