Disposed

Maria Pushpam v. the Commissioner of Police

Madras HC14 Jul 2021HCP/1002/2021

Case brief

AI extract

What is this about?

In a habeas corpus petition, the Madras High Court directed the petitioner to lodge a written complaint in person before the police. Upon registration of an FIR for a missing person, police must secure the detenu and produce him before the Magistrate.

What did the court decide?

Petitioner directed to lodge written complaint in person; police to register FIR for missing person, investigate, secure detenu, and produce before Magistrate on intimation to petitioner.

Maria Pushpam Vs the Commissioner of… — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.07.2021

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Coram

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The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN

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H.C.P.No.1002 of 2021

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Maria Pushpam

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.. Petitioner/Mother of the detenue

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Vs.

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1.The Commissioner of Police, Office of the Commissioner of Police, Tiruppur District.

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2.The Inspector of Police, Melapalayam Police Station, Tiruppur District, Tiruppur. .. Respondents

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Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the body of the person of the detenu my son Amul Esterraj, son of Pilaventhiran, aged about 45 years, before this Court and set him at liberty.

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For Petitioner : Mr.M.Jaikumar

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ORDER

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This habeas corpus petition has been filed seeking to direct the respondents to produce the body of the person of the detenu my son Amul Esterraj, son of Pilaventhiran, aged about 45 years, before this Court and set him at liberty.

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It is the case of the petitioner that her son Amul Esterraj, aged about 45 years, went missing from 27.04.2021 and that the police are not taking effective steps to secure him.

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

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It is seen that the petitioner has sent a complaint over post, which, the learned Government Advocate (Crl.Side), on instructions, submitted that the same has not been received by the police.

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In such circumstances, we direct the petitioner to go in person to the second respondent/police and lodge a written complaint. On such complaint being filed, the second respondent/police shall register a regular FIR for 'man missing' and conduct investigation. As and when the detenu Amul Esterraj, aged about 45 years, is secured, he shall be produced before the jurisdictional Magistrate, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

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With the above directions, this habeas corpus petition stands closed.

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Sd/-

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Assistant Registrar(CS VII)

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//True Copy//

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Sub Assistant Registrar

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nsd

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1.The Commissioner of Police, Office of the Commissioner of Police, Tiruppur District.

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2.The Inspector of Police, Melapalayam Police Station, Tiruppur District, Tiruppur.

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3.The Public Prosecutor,

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Madras High Court,

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Chennai – 600 104.

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H.C.P.No.1002 of 2021

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CP (CO)

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PR (10/08/2021)

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

Maria Pushpam v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Maria Pushpam v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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