Dismissed

K.Samynathan v. the Superintendent of Police

Madras HC1 Feb 2021HCP/121/2021

Case brief

AI extract

What is this about?

This petition filed under Article 226 sought a writ of habeas corpus to direct police to produce the petitioner's missing mother. The court held insufficient evidence of illegal custody and dismissed the petition, ordering police to proceed with the ongoing missing persons investigation.

What did the court decide?

Petition closed with a direction to the Inspector of Police to proceed with the investigation under Crime No.45 of 2020.

K.Samynathan Vs the Superintendent 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: 01.02.2021

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CORAM

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THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

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H.C.P.No.121 of 2021

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K.Samynathan .. Petitioner Vs. 1.The Superintendent of Police, Krishnagiri District. 2.The Inspector of Police, C-9, Mathur Police Station, Krishnagiri District. 3.Govindaraj .. Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus to direct the 2^nd respondent herein to produce the petitioner's mother Mangammal, W/o.(Late) Kannan, aged about 51 years, before this Court and set her at liberty.

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For Petitioner : Mr.V.Gopalsamy For Respondents : Mr.R.Prathap Kumar, Addl. Public Prosecutor

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ORDER

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[Order of the Court was made by P.N.PRAKASH, J.]

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The habeas corpus petition has been filed seeking to direct the second respondent herein to produce the petitioner's mother Mangammal, W/o.(Late) Kannan, aged about 51 years, before this Court and set her at liberty.

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It is the case of the petitioner that he was living with his mother Mangammal in his native place and he got married to one Paranjodi in the year 2010; since there was misunderstanding between him and his mother, the petitioner and

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

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his family left the native place and went to Tiruppur; when he went to the native place in the year 2019, he did not find his mother. In this regard, the petitioner has given a complaint, based on which, a case in Mathur Police Station Crime No.45 of 2021 for 'women missing' was registered and the investigation is in progress.

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In the opinion of this Court, it cannot be stated that Mangammal is in the illegal custody of anyone for the issuance of a writ of habeas corpus.

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Hence, this habeas corpus petition is closed with a
direction to the Inspector of Police, Mathur Police Station,
Krishnagiri District, to proceed with the investigation in Crime
No.45 of 2020 and keep the petitioner informed of the
developments, if any.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
nsd
To
1.The Superintendent of Police,
Krishnagiri District.
2.The Inspector of Police,
C-9, Mathur Police Station,
Krishnagiri District.
3.The Public Prosecutor,
High Court, Madras.
H.C.P. No.121 of 2021
A.SK(17.02.2021).

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

K.Samynathan v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

K.Samynathan v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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