Petitioner filed a habeas corpus petition for her husband missing for two years. The court closed the petition, ordering the second respondent to proceed with investigation and produce the detenu to the Magistrate if secured.
Directed the 2nd respondent to proceed with investigation and produce the detenu to the Magistrate if secured; petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH
and
The Hon'ble Mr. Justice M.NIRMAL KUMAR
H.C.P.No.203 of 2019
S.Kalaiselvi .. Petitioner
Vs.
1.The Superintendent of Police,
Kanchipuram District,
Kanchipuram.
2.The Inspector of Police,
Chengalpet Town Police Station,
Chengalpet.
.. Respondents
Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the 2nd respondent to produce the petitioner's husband L.Sundaramurthy, S/o.Loganathan, aged 60 years before this Court and set him at liberty.
For Petitioner .. Mr.R.G.Annamalai For R1 & R2 .. Mr.C.Iyyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was delivered by M.M.SUNDRESH, J.)
The petitioner is the wife of the detenu – L.Sundaramurthy, aged 60 years. According to the petitioner, the detenu was admitted in the hospital for treatment. When she went away to buy medicine, the detenu was found missing. Under those circumstances, the petitioner had given a complaint. As the detenu could not be traced even thereafter, the petitioner has come up with this petition.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
kmk/smv
To
1.The Superintendent of Police,
Kanchipuram District,
Kanchipuram.
2.The Inspector of Police,
Chengalpet Town Police Station,
Chengalpet.
3.The Public Prosecutor
High Court, Madras 104.
H.C.P.No.203 of 2019
VBA(CO)
SP(24/07/2019)
1 issue framed by the court
Whether a writ of habeas corpus is maintainable given the detenu has been missing for two years while investigation is pending.
1 provisions across 1 enactments
S.Kalaiselvi
Superintendent of Police, Kanchipuram District
Inspector of Police, Chengalpet Town Police Station
M.M. SUNDRESH
M. NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
