Habeas Corpus petition filed by wife of missing person for writ directing police to produce husband. Court dismissed petition citing lack of illegal custody allegation, viewed filing as not fit case for writ, and directed filing fresh personal complaint.
Petition dismissed; liberty granted to lodge fresh complaint in person for investigation.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.11.2015
CORAM
The Honourable Mr.JUSTICE R.SUDHAKAR and The Honourable Mr.JUSTICE P.N.PRAKASH
Habeas Corpus Petition No.2968 of 2015
N.P.Thulasi Rajkumar .... Petitioner
Vs.
1. The Inspector of Police,
J.J. Nagar Police Station, V-3,
J.J.Nagar, Chennai - 600 037.
PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents herein to produce Mr.R.Rajkumar S/o.Late V.G.Rajan, aged about 40 years, husband of the petitioner herein before this Court and set him at liberty.
For Petitioner : Mr.A.Abdul Rahim
For Respondents: Mr.A.N.Thambidurai,
Addl. Public Prosecutor
O R D E R (Order of the Court was made by P.N.PRAKASH,J.)
This Habeas Corpus Petition is filed by the wife of the detenu for a direction to the respondents to produce the detenu Mr.R.Rajkumar S/o.Late V.G.Rajan, aged about 40 years, husband of the petitioner before this Court and set him at liberty.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
sl
To
1. The Inspector of Police,
J.J. Nagar Police Station, V-3,
J.J.Nagar, Chennai - 600 037.
2. The Assistant Commissioner of Police,
Thirumangalam Police Station, V-5,
Chennai- 600 049.
3. The Public Prosecutor, High Court, Madras.
+ 1 cc to M/s. A. Abdul Rahim, Advocate SR.63596
H.C.P.No.2968 of 2015
MP(CO)
EU 10.12.15
2 issues framed by the court
Whether issuance of Writ of Habeas Corpus is warranted when there is no allegation of illegal custody but a missing person case pending perfunctory investigation.
Whether the delay in filing a formal complaint defeats the writ petition seeking liberty of the missing husband.
N.P.Thulasi Rajkumar
Inspector of Police, J.J. Nagar Police Station, V-3, J.J.Nagar, Chennai
Assistant Commissioner of Police, Thirumangalam Police Station, V-5, Chennai
R. Sudhakar
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
