Disposed

Nivetha v. the Inspector of Police

Madras HC19 Jan 2021HCP/42/2021

Case brief

AI extract

What is this about?

The petitioner filed a habeas corpus petition seeking production of her missing husband. The court stopped short of issuing a habeas corpus writ, instead directing the police to monitor the ongoing investigation and report developments.

What did the court decide?

The petition was closed with directions to monitor the investigation and inform the petitioner of developments when persons are secured.

Nivetha Vs the Inspector of Police — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED:19.01.2021

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Coram

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The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM

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H.C.P. No. 42 of 2021

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Nivetha .. Petitioner

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The Inspector of Police, S-11, Tambaram Police Station, Tambaram, Chennai – 45. .. Respondent

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondent to cause the production of the body and person of the petitioner's husband Senthil Kumar, S/o.Jagadeesan, aged about 38 years before this Court and set him at liberty.

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Seeking a direction to the respondent to cause the production of the body and person of the petitioner's husband Senthil Kumar, S/o.Jagadeesan, aged about 38 years before this Court and to set him at liberty, the present petition has been filed.

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2.It is the case of the petitioner that her husband Senthil Kumar went missing since 11.12.2020 and that the police have not taken effective steps to secure him.

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3.On instructions, the learned Additional Public Prosecutor submitted that the petitioner's husband developed intimacy with one Solaiammal and eloped with her. He further stated that on the complaint given by the petitioner, a case in Tambaram P.S. Crime No.1797 of 2020 for 'man missing' has been registered.

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

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Further, on the complaint given by Prabakar, Solaiammal's husband, a case in Tambaram P.S. Crime No.1798 of 2020 has been registered for 'woman missing' and in both the cases, investigation is in progress.

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4.Recording the same, this habeas corpus petition stands closed with a direction to the Assistant Commissioner of Police, Tambaram, Chennai, to monitor the investigation in Tambaram P.S. Crime Nos.1797 and 1798 of 2020 and keep the petitioner informed of the developments, if any. As and when the missing persons are secured, they may be produced before the Judicial Magistrate I, Tambaram, Chennai under intimation to the petitioner.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
mmi
To
1.The Judicial Magistrate I,
Tambaram, Chennai.
2.The Assistant Commissioner of Police,
Tambaram, Chennai.
3.The Inspector of Police,
S-11, Tambaram Police Station,
Tambaram, Chennai – 45.
4.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.S.Sathyaraj, Advocate, sr no.2045
H.C.P. No. 42 of 2021
BS(CO)
RMP(05/02/2021)

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

Nivetha v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Nivetha v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

Case details

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