In this habeas corpus petition regarding a missing minor, the petitioner alleged police inaction. The Court closed the petition, directing the police to monitor the investigation and produce the detenu if located.
Petition closed; direction to monitor investigation and produce detenu upon recovery.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND
THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN
H.C.P. No.506 of 2021
S.Arivazhagan ...Petitioner
Vs.
Petition filed under Article 226 of the Constitution of India, seeking a writ of habeas corpus directing the respondents to produce the body of detenu, son of the petitioner, whose whereabouts is not known, viz., Minor A.Mathesh, aged about 15 years, before this Court and hand over his custody to the petitioner.
For petitioner Mr.B.Ramamoorthy
For respondents Mr.R.Prathap Kumar
Additional Public Prosecutor
O R D E R
[Order of the Court was made by P.N.PRAKASH, J.]
It is the case of the petitioner that his son viz., Mathesh, aged about 15 years, left home with Rs.5,000/- on 09.02.2021, on the pretext of buying his school uniform from a ready-made garment shop, but, did not return and that the police are not taking effective steps to secure him.
In view of the above, this Habeas Corpus Petition stands closed with a direction to the Deputy Superintendent of Police, Tiruvarur Sub-Division to monitor the investigation in Tiruvarur Taluk P.S.Crime No.223 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenu viz., Mathesh is secured, he may be produced before the Judicial Magistrate, Tiruvarur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody of the detenu.
s/d-
Assistant Registrar(CO)
True Copy
Sub-Assistant Registrar
gya
To
1 The Judicial Magistrate
Tiruvarur
2 The Superintendent of Police
Office of the Superintendent of Police
Thiruvarur District
3 The Deputy Superintendent of Police
Thiruvarur Sub-Division
4 The Inspector of Police
Thiruvarur Police Station
Thiruvarur Town and District
5 The Public Prosecutor
High Court, Madras
H.C.P. No.506 of 2021
VBM(CO)
SP(15/06/2021)
2 issues framed by the court
Whether to issue a writ of habeas corpus for the production of a missing minor.
Whether to monitor the investigation into the missing person.
S.Arivazhagan
The Superintendent of Police Office of the Superintendent of Police Thiruvarur District
The Deputy Superintendent of Police Office of the Superintendent of Police Thiruvarur
The Inspector of Police Thiruvarur Police Station Thiruvarur Town and District
P.N.PRAKASH
R.PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
