Petitioner filed a habeas corpus petition for her husband. Court directed the Superintendent of Police to transfer investigation to the Crime Branch despite it not being a party. Petition disposed.
Direct fifth respondent to transfer investigation to Crime Branch Crime Investigation Department (CBCID), Nagercoil.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.09.2018
CORAM: THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.[MD].No.313 of 2018
Uma @ R.M.Shanmugapriya : Petitioner/Wife of the Detenu
Vs.
1.The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004, Tamilnadu.
2.The Principal Secretary to Government, Home Department, Secretariat, St.George Fort, Chennai-600 009, Tamilnadu.
3.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.
4.Rajan
5.The District Superintendent of Police, Kanyakumari, kanyakumari District. : Respondents/Respondents
PRAYER : Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to produce the person or body of the detenu, petitioner's husband namely, Mr.Felix K.Gladson, aged 27 years and set him at liberty.
For Petitioner : Mr.D.Selvanayagam For R1 to R3 & R5 : Mr.K.Dinesh Babu Additional Public Prosecutor
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O R D E R
***************
[ Order of the Court was made by M.M.SUNDRESH, J.]
It appears that the investigation is pending from 2015 onwards and initially, a case has also been registered in Crime No.448 of 2015 on the file of the third respondent and subsequently, the said case has been transferred from the file of the third respondent to the file of the fifth respondent.
2.In such view of the matter, this Court is inclined to direct the fifth respondent to transfer the investigation to the file of Crime Branch Crime Investigation Department(CBCID), Nagercoil, though the CBCID is not added as a party to the proceedings.
3.With the above direction, this Habeas Corpus Petition is disposed of.
Sd/-
Assistant Registrar (P & A) // True Copy //
Sub Assistant Registrar(CS-I)
To
1.The Director General of Police, Post Box No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004, Tamilnadu.
2.The Principal Secretary to Government, Home Department, Secretariat, St.George Fort, Chennai-600 009, Tamilnadu.
3.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.
4.The District Superintendent of Police, Kanyakumari, kanyakumari District.
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5.The Crime Branch Crime Investigation Department(CBCID), Nagercoil.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC To MR.D.SELVANAYAGAM, Advocate SR. NO. 86330
ORDER MADE IN H.C.P.[MD].No.313 of 2018 25.09.2018
NS
TR/SKN/SAR-I(26.10.2018)3P 8C
1 issue framed by the court
Whether investigation of pending case No. 448 of 2015 should be transferred to the Crime Branch?
1 provisions across 1 enactments
Uma @ R.M.Shanmugapriya
Director General of Police
Principal Secretary to Government, Home Department
Inspector of Police, Thuckalay Police Station
Rajan
District Superintendent of Police, Kanyakumari
M.M. Sundresh
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
