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2010 Supreme(Mad) 5247
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE C.S. KARNAN
Jayanthi
Versus
The Inspector of Police, Kandamangalam Police Station, Villupuram District & Others
HCP. No. 340 of 2010
Decided On :12-03-2010
For the Petitioner:Philip Ravindran Jesudoss, Advocate.
For the Respondents:R1 & R2 - V.R. Balasubramanian, Additional Public Prosecutor, R3 - A. Ramesh, Advocate.
The court's decision was influenced by the ongoing police investigation into the missing person case.
Headnote:
Habeas Corpus - Missing Person - The court found that the husband of the petitioner went missing while seeking employment in Bangalore. The police had registered a case and were conducting an investigation, leading the court to dispose of the Habeas Corpus Petition.
Fact of the Case:
The petitioner alleged that her husband was taken by the third respondent on the representation of securing a job in Bangalore but was not returned. A complaint was filed, and the police were conducting an investigation.
Finding of the Court:
The court found that the husband was missing, a case was registered by the police, and an investigation was ongoing, leading to the disposal of the Habeas Corpus Petition.
Issues:
Ratio Decidendi:
Final Decision: The Habeas Corpus Petition was disposed of by the court.
Order of the Court was made by M. CHOCKALINGAM,J
1. This is an application brought forth by one Jayanthi, alleging that her husband was taken by the third respondent on 28.4.2009 on the representation that he would secure job for him at Banagalore, but he was not returned. Hence, a complaint was given on 30.4.2009, but no step has been taken.
2. When the above petition is taken up for enquiry, learned counsel appearing for the third respondent represents that it is true, the petitioners husband and the third respondent went to Bangalore for seeking employment, but he was found missing from 2.5.2009. A complaint was given to Nelamangala police station and a case was registered on 26.5.2009. The investigation is actually on.
3. According to the learned counsel for the State, all the above factual position actually came to the knowledge of the respondent-police at the time of enquiry. They also filed a report. The case was registered by Karnataka police and they are also on search. Hence, there is no question of considering the Habeas Corpus Petition by this Court.
4. After recording the statement of the parties as stated above, this Habeas Corpus Petition is disposed of.
