Disposed

S.Asaithambi v. State Rep by

Madras HC3 Feb 2021HCP/155/2021

Case brief

AI extract

What is this about?

Writ of Habeas Corpus filed to produce the petitioner's missing 62-year-old sister. Court closed the petition, directing local police to monitor the missing person investigation and facilitate production of the woman in the criminal case regarding her son's death.

What did the court decide?

Petition closed; direction issued to Assistant Commissioner of Police to monitor investigation and inform petitioner; woman to be produced before XVI Metropolitan Magistrate Court if secured.

S.Asaithambi Vs State Rep by — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.02.2021

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

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H.C.P.No.155 of 2021

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S.Asaithambi .. Petitioner
Vs.
1.State represented by
The Commissioner of Police
Greater Chennai,
132, EVK Sambath Road,
Vepery, Chennai – 600 007.
2.The Inspector of Police,
K-1, Muthialpet Police Station,
Gills Street, Kachaleeswarar Garden,
George Town, Chennai – 600 001. .. 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 respondents herein to produce the sister of the petitioner Lakshmi, aged about 62 years, before this Court and set her at liberty.

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For Petitioner : Mr.P.Kamal For Respondents: Mr.R.Prathap Kumar, Addl. Public Prosecutor

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ORDER [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 respondents herein to produce the sister of the petitioner Lakshmi, aged about 62 years, before this Court and set her at liberty.

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Page 1 of 3

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

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It is the case of the petitioner that his sister Lakshmi, aged about 62 years, went missing from 06.11.2020 and that the police are not taking effective steps to secure her.

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Today, Mr.S.Ahamed Abdul Khader, Inspector of Police, N-3, Muthialpet Police Station and Mr.G.Janardhanan, SubInspector of Police and Mr.G.K.Vasanthakumar, Head Constable – 830, Brahmadesam Police Station, are present.

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On instructions, the learned Additional Public Prosecutor submitted that the dead body of Lakshmi's son Premkumar was fished out from a well within the jurisdiction of Brahmadesam Police Station, in connection with which, a case in Brahmadesam Police Station Crime No.1494 of 2020 has been registered on 06.11.2020 under Section 174 Cr.P.C. and the investigation is in progress.

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As regards the missing of Lakshmi, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Muthialpet Police Station Crime No.1016 of 2020 for 'woman missing' was registered on 21.12.2020 and the investigation is in progress.

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In view of the above, this habeas corpus petition is closed with a direction to the Assistant Commissioner of Police, Harbour, Chennai, to monitor the investigation in Muthialpet Police Station Crime No.1016 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she may be produced before the XVI Metropolitan Magistrate Court, George Town, Chennai, under intimation to the petitioner.

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Sd/Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar

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nsd To

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1.The XVI Metropolitan Magistrate, George Town, Chennai.

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Page 2 of 3

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

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2.The Assistant Commissioner of Police, Harbour, Chennai. 3.The Commissioner of Police Greater Chennai, 132, EVK Sambath Road, Vepery, Chennai – 600 007. 4.The Inspector of Police, K-1, Muthialpet Police Station, Gills Street, Kachaleeswarar Garden, George Town, Chennai – 600 001. 5.The Public Prosecutor, High Court, Madras. 6.The Inspector of Police, Brahmadesam Police Station. +1 cc to Mr.P.kamal Advocate sr6128/2021 H.C.P. No.155 of 2021 ak(co) aa23/02/2021

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Page 3 of 3

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

S.Asaithambi v. State Rep by

Case brief

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S.Asaithambi v. State Rep by

Case brief

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