Disposed

N.Akbhar v. the Commissioner of Police

Madras HC27 Mar 2019HCP/451/2019

Case brief

AI extract

What is this about?

In a habeas corpus petition filed by the brother of a detenu alleging unlawful detention due to property disputes, the High Court disposed of the petition. The Court directed the police to investigate fairly and produce the detenu before the Judicial Magistrate once traced, declining to keep the petition pending until the detenu was found.

What did the court decide?

The petition was disposed of; the police were directed to investigate fairly, expedite the process, and produce the detenu before the Judicial Magistrate for appropriate orders once traced.

N.Akbhar Vs the Commissioner of Police — Bail and Remand | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.03.2019 CORAM: THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN

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and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.451/2019

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N.Akhbar .. Petitioner

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vs. 1.The Commissioner of Police Salem-7. 2.The Inspector of Police Hasthampatti Police Station Hasthampatti, Salem-7. 3.Shajahan 4.Sahul .. Respondents **RR3 and 4 are impleaded as per the order in HCP.No.451/2019 dated 01.03.2019. Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the body of the petitioner brother Mohammed Jakria aged about 56 years before this Court and set him at liberty. For Petitioner .. Mr.Rajakumar For RR 1 & 2 .. Mr.C.Iyyappa Raj, APP ORDER

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(Order of the Court was made by M.SATHYANARAYANAN, J)

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The petitioner is the brother of the detenu Mohammed Jakria, who is aged about 56 years and according to the petitioner, there are disputes pertain to immovable property at Hasthampatti, Salem Town and this regard, a Partition Suit has also been filed by one of the petitioner's and detenu's brother, viz., Shajahan, the 3^rd respondent herein. It is the specific case of the petitioner that on account of the pendency of the dispute, Shajahan had forcibly taken away the detenu / his brother, without his will or consent. In this regard, the petitioner has also lodged a complaint on 07.02.2019 on the file of the 2^nd respondent herein and despite receipt and acknowledgment, no action has been taken and hence, came forward

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https://hcservices.ecourts.gov.in/hcservices/

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to file the present habeas corpus petition.

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2 When the matter was listed on 15.03.2019, Mr.C.Iyyappa Raj, learned Additional Public Prosecutor accepted notice on behalf of the respondents 1 and 2 and sought time to get instructions and accordingly, the matter is listed today.

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3 The learned Additional Public Prosecutor, on instructions, would submit that admittedly, a suit for partition in OS.No.443/2010 is pending on the file of the Court of District Munsif, at Salem, instituted by one Noorjahan, Benazir, Rosnizahaar and Shajahan, against Abdul Rahman and 15 others and the 13^th defendant is none other than the detenu herein. It is the further submission of the learned Additional Public Prosecutor that originally CSR.No.95/2019 was assigned in respect of the complaint given by the petitioner and thereafter, it was converted as FIR in Crime No.71/2019 for the commission of the offence u/s.365 IPC and in the said FIR, the close relatives have been arrayed as accused. The learned Additional Public Prosecutor would submit on instructions that the detenu himself has been voluntarily hiding himself and further that the petitioner is not also extending his cooperation to the 2^nd respondent police to carry out the investigation.

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4 The Court has considered the rival submission and also perused the materials placed before it.

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5 In the light of the fact that the detenu is a major aged about 56 years and with regard to his alleged missing, FIR is also registered and the matter is pending investigation, this Court is of the considered view that no purpose would be served by keeping this petition pending till tracing of the detenu. The 2^nd respondent police is directed to carry out the investigation in a fair, proper and impartial manner and as and when the detenu is traced, he shall be produced before the Court of Judicial Magistrate No.3, Salem, for passing appropriate orders as to his liberty. The 2^nd respondent shall also make every endeavour to expedite the investigation and file the Final Report as expeditiously as possible.

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6 The Habeas Corpus Petition stands disposed of with the above observations.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Commissioner of Police

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Salem-7.

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2.The Inspector of Police Hasthampatti Police Station Hasthampatti, Salem-7.

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3.The Public Prosecutor, Madras High Court, Madras.

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+1 cc to Mr.S.Rajakumar, Advocate, Sr.No. 29301

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H.C.P.No.451/2019
CSL/07.05.2019

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https://hcservices.ecourts.gov.in/hcservices/

N.Akbhar v. the Commissioner of Police

Case brief

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N.Akbhar v. the Commissioner of Police

Case brief

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