Disposed

V.Baliah v. the Superintendent of Police

Madras HC13 Feb 2024HCP/249/2024

Case brief

AI extract

What is this about?

Father sought habeas corpus for his missing son. Police had registered the complaint as a 'man missing' case (Crime No.737 of 2023) and were investigating. The court declined the habeas corpus prayer and directed police to expedite investigation and file a final report.

What did the court decide?

Direction to third respondent Inspector of Police to expedite investigation in Crime No.737 of 2023 and file final report; petition closed.

V.Baliah Vs the Superintendent of Police — Criminal Trial and Appeal | Madras HC (2024)

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HCP.No.249 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.02.2024

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CORAM

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THE HON'BLE MR JUSTICE M.S.RAMESH AND

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THE HONOURABLE MR. JUSTICE SUNDER MOHAN

H.C.P.No.249 of 2024

V.Baliah

.. Petitioner

Vs.

1.The Superintendent of Police, Salem Rural, Salem District.

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2.The Deputy Superintendent of Police, Nethimedu, Salem District.

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3.The Inspector of Police, Deevattipatti Police Station, Salem District.

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4.Lakshamanan 5.Subramani 6.Sithayan 7.Madhayan

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.. Respondents

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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HCP.No.249 of 2024

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents 1 to 3 herein to produce the body of the petitioner's son, B.Stanley, S/o.V.Baliah, aged about 25 years, who is now illegally detained by the respondents 4 to 7 before this Court and handover to the petitioner.

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For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind for R1 to R3

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ORDER

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(Order of the Court was made by M.S.RAMESH,J.)

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When the petitioner's son, namely, B.Stanley, S/o.V.Baliah, aged about 25 years, went missing on 24.11.2023, he gave a complaint on 26.11.2023 before the third respondent police. Since the petitioner's son could not be traced within a reasonable time, she has filed the present

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Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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HCP.No.249 of 2024

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Habeas Corpus Petition.

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Today, when the matter was called, the learned Additional Public Prosecutor submitted that the petitioner's complaint has been registered in Crime No.737 of 2023 as 'man missing' and that the third respondent police is conducting the investigation to locate the petitioner's son.

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Since the third respondent had registered the petitioner's complaint and are in the process of investigating, we deem it fit that the third respondent could be directed to expedite the investigation and file a final report.

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In view of this decision, the prayer sought for in the present Habeas

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Corpus Petition does not require consideration. Accordingly, there shall be a direction to the third respondent herein to expedite the investigation in Crime No.737 of 2023 and file a final report as expeditiously as possible.

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Page 3 of 5

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https://www.mhc.tn.gov.in/judis

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HCP.No.249 of 2024

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Page 4 of 5

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https://www.mhc.tn.gov.in/judis

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HCP.No.249 of 2024

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M.S.RAMESH,J. and SUNDER MOHAN,J.

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Anu

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With the above direction, the Habeas Corpus Petition stands closed.

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(M.S.R.,J.) (S.M.,J.) 13.02.2024

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NCC : Yes / No Index : Yes / No Anu

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To 1.The Superintendent of Police, Salem Rural, Salem District.

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2.The Deputy Superintendent of Police, Nethimedu, Salem District.

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3.The Inspector of Police, Deevattipatti Police Station, Salem District.

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4.The Additional Public Prosecutor, Madras High Court

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H.C.P.No.249 of 2024

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

V.Baliah v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

V.Baliah v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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