Madras High CourtHCP(MD)/2013/2022disposed of

Muthulakshmi v. The Inspector Of Police

2022-12-01Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Muthulakshmi .. Petitioner Vs.

The Inspector of Police, Keela Valavu Police Station, Madurai District.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondent to produce the body or person of the detenu namely, Raja, D/o.Rajendran, aged about 32 years, who is the husband of the petitioner before this Court and consequently to set him at liberty.

For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

[Order of the Court was made by N.ANAND VENKATESH, J.] This Habeas Corpus Petition has been filed by the wife of the detenu on the ground that her husband Raja, went missing from 18.11.2022 onwards.

2. The learned Additional Public Prosecutor, on instructions, submitted that based on the complaint given by the petitioner, a "man missing" FIR has been registered in Crime No.292 of 2022 by the respondent police and investigation is pending. The learned Additional Public Prosecutor further submitted that all steps are being taken to find the whereabouts of the detenu.

3. Taking into consideration of the facts and circumstances of the case, there shall be a direction to the respondent police to secure the detenu as early as possible and produce him before the Judicial Magistrate Court, Melur. While producing the detenu, the petitioner shall also be informed about the same and the learned Magistrate shall record the statement of the petitioner and the detenu and shall issue appropriate directions to the respondent police. Based on the statements recorded by the learned Magistrate, the respondent police shall take action in the pending FIR.

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

(M.S.R.,J.) (N.A.V.,J.) 01.12.2022 Index : Yes/No Internet : Yes rm

To 1.The Inspector of Police, Keela Valavu Police Station, Madurai District.

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

M.S.RAMESH,J.

and N.ANAND VENKATESH, J.

rm 01.12.2022