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2010 Supreme(Mad) 4512
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE C.S. KARNAN
A. Vijay
Versus
State, rep. by the Inspector of Police, Guduvncherri Police Station & Another
H.C.P. No.1670 of 2010
Decided On : 19-10-2010
For the Petitioner:D. Gubendra Gunabalan, Advocate.
For the Respondents: M. Babu Muthumeeran, Additional Public Prosecutor.
The court has the authority to issue a direction to the police to register a case and proceed with the investigation in a habeas corpus petition for a missing person.
Headnote:
Habeas Corpus - Missing Person - The court directed the police to register a case on the complaint of the petitioner and proceed with the investigation to secure the missing person.
Fact of the Case:
Mr. A. Vijay filed a habeas corpus petition alleging that his son was missing and no case had been registered by the police.
Finding of the Court:
The court directed the police to register a case on the complaint and proceed with the investigation to secure the missing person.
Issues: Alleged missing person, failure to register a case by the police.
Ratio Decidendi: The court found it necessary to issue a direction to the police to register a case and proceed with the investigation to secure the missing person.
Final Decision: The habeas corpus petition was disposed of with the direction to the police to register a case and secure the missing person.
(Order of the Court was made by M. CHOCKALINGAM, J)
1. Invoking writ jurisdiction of this Court, one Mr. A. Vijay has brought forth this habeas corpus petition, alleging that his son V.Vasantharaj, aged 29 years was found missing from 31.7.2010. Though he gave a complaint to the respondent-police, Guduvanchery, no case has been registered, but only C.S.R. No.527 of 2010 has been given and his son has not yet been secured. Hence, he has brought forth this petition.
2. In answer to the above, it is represented by the learned counsel appearing for the State that it is true, a complaint was given by the petitioner to the respondent-police and the same is in C.S.R. stage as stated by the petitioner. However, the girl, who was also working along with the detenu, was also missing. Hence, a complaint was given to the Inspector of police and C.S.R. No.168 of 2010 is given and the investigation is pending.
3. After hearing both sides, this Court is of the considered opinion that instead of keeping this petition pending, it would be suffice to issue a direction to the first respondent to register a case on the complaint of the petitioner and proceed with the investigation and secure the detenu and produce him before the concerned Court. With this direction, the habeas corpus petition is disposed of.
