Habeas corpus petition by husband whose wife went missing, seeking production of the detenu. Since an FIR in Crime No.484/2023 was registered as 'woman missing' and police were investigating, the court directed the Inspector of Police to expedite the investigation and file a final report and closed the petition.
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HCP.No.346 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.346 of 2024
P.Muthukumar
... Petitioner
Vs.
1.The Superintendent of Police, Superintendent of Police Office, Myladuthurai District.
2.The Inspector of Police, Kuthalam Police Station, Kuthalam, Myladuthurai District.
3.Karthi
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Habeas Corpus, directing the 2nd respondent to produce body of the petitioner's wife namely Yasmin W/o Muthukumar, aged about 34 years, the detenu herein, before this Court and set her at liberty otherwise
great prejudice and irreparable loss caused to the petitioner.
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HCP.No.346 of 2024
For Petitioner : Mr.J.Jawahar For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C. Aravind
ORDER
M.S.RAMESH, J. AND
SUNDER MOHAN, J.
When the petitioner's wife, namely Yasmin, aged about 34 years, had
gone missing, he had given a complaint before the second respondent Police and an FIR came to be registered on 23.12.2023 in Crime No.484 of
2. Today, when the matter was called, the learned Additional Public
Prosecutor submitted that the petitioner's complaint has been registered in Crime No.484/2023 on 23.12.2023 as 'woman missing' and that the second
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HCP.No.346 of 2024
respondent Police is conducting the investigation to locate the petitioner's wife.
3. Since an FIR has already been registered on the petitioner's
complaint and the respondents are in the process of investigating the same, we deem it fit that the second respondent could be directed to expedite the investigation and file a final report.
4. In view of this decision, the prayer sought for in the present
Habeas Corpus Petition does not require consideration. Accordingly, there
shall be a direction to the second respondent herein, to expedite the investigation in Crime No.484/2023 and file a final report, as expeditiously as possible.
5. With the above direction, the Habeas Corpus Petition stands
closed.
[M.S.R., J] [S.M., J] 21.02.2024
Index: Yes/No Sni
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HCP.No.346 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
Sni
To
1.The Superintendent of Police, Superintendent of Police Office, Myladuthurai District.
2.The Inspector of Police, Kuthalam Police Station, Kuthalam, Myladuthurai District.
3.The Public Prosecutor, High Court, Madras.
H.C.P.No.346 of 2024
21.02.2024
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1 issue framed by the court
Whether a writ of habeas corpus should issue to produce the petitioner's missing wife when police investigation is already pending.
1 provisions across 1 enactments
P.Muthukumar
The Superintendent of Police, Superintendent of Police Office, Myladuthurai District
The Inspector of Police, Kuthalam Police Station, Kuthalam, Myladuthurai District
Karthi
M.S. Ramesh
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
