Manohari, Aged 62 Years, v. State Rep. by
Case brief
What is this about?
In a habeas corpus petition filed by the wife of a missing person, the High Court was not inclined to keep the petition pending despite the detenu not being traced. The petition was closed with the respondent directed to proceed with investigation and produce the detenu before the Magistrate when traced.
What did the court decide?
Habeas Corpus Petition closed; respondent directed to proceed with investigation and produce detenu when traced.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.07.2019
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
H.C.P.No.2019 of 2018
Manohari
The Inspector of Police, T5, Thiruverkadu Police Station, Chennai - 77. .. Respondent
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, directing the respondent to produce the denenue is the petitioner husband namely Ramasamy, son of Lakshmi Narasimhan, aged about 74 years, before this Hon'ble Court and set him at liberty.
The petitioner is the wife of the detenu - Ramasamy, who is stated to be missing from 27.11.2017 onwards and based on a complaint from the wife of the detenu , a case has also been registered in Crime No.1963 of 2017 on 13.12.2017 for man missing.
- The learned Additional Public Prosecutor, on instructions, submitted that notwithstanding the eforts made, the detenue could not be traced as of now.
- Considering the facts and circumstnaces of the case, we are not inclined to keep this petition pending any longer. Therefore, this Habeas Corpus Petition stands closed, however, the respondent shall proceed with the investigation in accordance with law and as and when the detenu is traced, he should be produced before the jurisdictional Magistrate.
Issues for consideration
1 issue framed by the court
Whether to issue a writ of habeas corpus directing production of the missing detenu.
Parties & counsel
- petitioner
Manohari
- respondent
The Inspector of Police, T5, Thiruverkadu Police Station, Chennai - 77
Coram
M.M. Sundresh
Case details
As recorded by the court registry
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