Petitioner sought directions under Section 482 CrPC to investigate a missing person case. Court recorded police status reports showing diligent efforts and closed the petition with a direction to keep the petitioner informed.
Petition closed with direction to respondent police to keep petitioner informed of any information regarding the missing person.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP.No.17687 of 2016
Loganayaki
... Petitioner
State Rep by The Inspector of Police, R10, M.G.R.Nagar Police Station, K.K.Nagar, Chennai.
Amended as per order dated 30.8.16 made in Crl.MP.No.8929/16
Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent to investigate the case and to file a final report within a stipulated period in Cr.No.459 of 2014 on the file of the respondent police.
For Petitioner :Mr.A.Ilangovan
For Respondent :Mr.M.Mohamed Riyaz
Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed seeking a direction to the respondent to investigate the case in Crime No.459 of 2014 on the file of the respondent police and to file a final report.
3)Tr.Krishnamoorthy–friend of the Missing Man
5)Tr.Rajendran – relative of the Missing Man
and recorded their statements. Witnesses 2 to 5 have corroborated the same version of the defacto complainant/petitioner. Witness-1 stated that her husband Tr.Pandian hidden by his relatives and during the year 2012, the petitioner's husband had illegal intimacy with one Maruthayee who is resided at Illayankudi, Sivagangai District and thereby the defacto complainant/petitioner went there and also on 20.02.2012 lodged a complaint before the Illayangudi Police Station, and the police traced the Missing Man and also received written statement from the Missing Man.
the past three years.
“3.The second respondent appeared before this court and submitted that she is a married person and she does not know about the whereabouts of the petitioner's husband. However, since the petitioner's husband is aged about 38 years and that there is no illegal custody by the second respondent, this is not a fit case to issue Writ of Habeas Corpus.
1)Tr.Ravichandran – Auto driver, Nesapakkam, Chennai. 2)Tr.Krishnamoorthy – Auto driver, Nesapakkam, Chennai.
3)Tr.Thiyagarajan – Street Business, Guindy, Chennai. 4)Tr.Deenadhayalan – Street Business, Guindy, Chennai.
5)Tr.Kuppusamy – Business Man, K.K.Nagar, Chennai.
6)Tr.Palani Muthu – Business Man, K.K.Nagar, Chennai.
7)Tr.Murugan – Auto driver, Choolaipullam, Chennai. 8)Tr.Natarajan – Auto driver, MGR Nagar Market, Chennai.
9)Tr.Vasanth – Business man, K.K.Nagar, Chennai.
10)Tr.Sathishkumar–Auto driver, MGR Nagar Market, Chennai.
11)Tmt.Lakshmi – Tiffin Shop, Ashok Nagar, Chennai. 12)Tr.Saravanan – Business Man, Nesapakkam, Chennai.
Sd/ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR
To
1 THE INSPECTOR OF POLICE, R10 MGR NAGAR POLICE STATION, K.K. NAGAR, CHENNAI.
2 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC TO MR.A. ILANGOVAN, ADVOCATE SR.NO. 56973/16
Crl.OP.No.17687 of 2016
CA(CO) MMP 12.11.2016
1 issue framed by the court
Whether to issue a direction to the police to investigate a missing person case and file a report.
1 provisions across 1 enactments
Loganayaki
State Rep. by The Inspector of Police
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
