Habeas corpus petition filed by wife of missing detenu Neethipathi. Court closed petition after respondents registered a missing person case, directing police to monitor investigation and inform family.
Direction to Deputy Superintendent of Police, Mettur to monitor investigation in Crime No.455 of 2020 and keep petitioner informed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. No. 2444 of 2020
Gayathri .. Petitioner
Vs.
1. The Superintendent of Police,
Superintendent Office,
Salem District.
2. The State Rep. By
Inspector of Police,
Karumalaikoodal Police Station,
Salem District. .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondents to produce the detenu Neethipathi, S/o.Thambi, aged about 28 years bodily or in person before this Court and set him at liberty.
For Petitioner .. Mr.M.Mariappan For Respondents.. Mr.R.Prathap Kumar Addl. Public Prosecutor ORDER [Order of the Court was made by P.N.PRAKASH, J.]
Seeking a direction to the respondents to produce the detenu - Neethipathi, S/o.Thambi, aged about 28 years before this Court and to set him at liberty, the present habeas corpus petition has been filed by the wife of the detenu.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
ssm
To
1.The Superintendent of Police,
Superintendent Office,
Salem District.
2.The Deputy Superintendent of Police,
Mettur.
3.The Inspector of Police,
Karumalaikoodal Police Station,
Salem District
4.The Public Prosecutor,
High Court, Madras.
H.C.P. No. 2444 of 2020
GMR(CO)
RMP(29/01/2021)
2 issues framed by the court
Whether a writ of habeas corpus is maintainable where the detenu is not in police custody but has gone missing and a police case is registered for missing person.
Whether the High Court should direct the police to monitor the investigation and inform the family of developments.
1 provisions across 1 enactments
Gayathri
Superintendent of Police, Salem District
Inspector of Police, Karumalaikoodal Police Station
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
