Back
2016 Supreme(Mad) 382
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.JAICHANDREN and S.NAGAMUTHU, JJ.
Madhammal – Petitioners
Vs.
The Superintendent of Police and Ors. – Respondents
H.C.P.No.51 of 2016
Decided On : 15-2-2016
Advocate Appeared:
For the Petitioner: Ms.V.Porkodi
For the Respondent: Mr.V.M.R.Rajentran Addl. Public Prosecutor
The court's decision emphasizes the importance of the Habeas Corpus remedy in cases of missing persons and the obligation of the police to take effective steps to locate the missing individual.
Headnote:
Habeas Corpus - Missing Person - The court directed the respondent police to continue the investigation to trace the missing person and take necessary steps in accordance with the law.
Fact of the Case:
The petitioner, wife of the missing person, filed a Habeas Corpus Petition seeking the production and release of her husband who had been missing since 3.7.2015. A complaint was lodged with the police, but no effective steps were taken.
Finding of the Court:
The court, upon hearing the submissions, directed the respondent police to continue the investigation and take necessary steps to trace the missing person in accordance with the law.
Issues: Missing person, Habeas Corpus Petition, Police inaction
Ratio Decidendi: The court's decision was influenced by the fact that the missing person had been untraceable for a significant period and that the police had not taken effective steps to locate him.
Final Decision: The Habeas Corpus Petition stands closed with the direction to the respondent police to continue the investigation and take necessary steps to trace the missing person.
M.JAICHANDREN, J.
This Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the respondents to produce the body of the detenu, namely, Nehru, son of Muniyyapan, aged about 55 years, before this Court and set him at liberty.
2. The petitioner is the wife of the detenu. It has been stated that the detenu has been missing from 3.7.2015. Therefore, the petitioner had lodged a complaint before the Pennagaram Police Station, Dharmapuri, on 9.9.2015. The complaint had been registered, in crime No.289 of 2015. Since no effective steps had been taken, by the second respondent, the petitioner has preferred the present Habeas Corpus Petition before this Court.
3. The learned Additional Public Prosecutor appearing for the respondents had submitted, on instructions, that the complaint lodged, by the petitioner, before the second respondent, had been registered, in crime No.289 of 2015 and necessary steps had been taken to trace the detenu.
4. In view of the submissions made by the learned Additional Public Prosecutor appearing for the respondents, no further orders are necessary to be passed in the Habeas Corpus Petition, at this stage. However, the respondent Police is directed to continue with the investigation to trace the detenu and to take necessary steps, in accordance with law. Hence, the Habeas Corpus Petition stands closed.
