Preservation of rights of all concerned parties in a missing person case

JUDGMENT

(Prayer:Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents 1 and 2 to produce the petitioner''s daughter XXX, D/o.Selvam, aged about 17 years, before this Court from the illegal custody of the 3rd respondent and handover to the petitioner.)

M. SUNDAR, J

1. This order will now dispose of the captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of brevity, convenience and clarity].

2. The central theme of the captioned HCP is, petitioner''s daughter ''XXX'' [hereinafter ''absentee'' for the sake of convenience and clarity, to be noted, name is masked] is missing from 04.06.2023, a complaint in this regard has been lodged by the petitioner with jurisdictional police (second respondent), the same has been taken on record as Crime No.66 of 2023 on the file of second respondent and the absentee has not been located as yet but captioned HCP has been filed in this Court on 11.07.2023 on the apprehension that absentee may be in illegal custody of third respondent.

3. Issue notice to official respondents.

4. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for official respondents and submits on instructions (instructed by Mr.R.Vignesh, Sub Inspector of Police, Hogenakkal Police Station) that pursuant to the aforementioned complaint dated 05.06.2023 (Crime No.66 of 2023), investigation was kick started, a special team has been formed, investigation thus far does not show any trappings of illegal custody or unlawful detention and the jurisdictional police is hopeful of locating the absentee in ten weeks from today i.e., by 29.09.2023.

5. Let the investigation proceed in accordance with law uninfluenced by this HCP order.

6. On the absentee being located, let the absentee be produced before the jurisdictional Magistrate with prior intimation to the HCP petitioner (absentee''s mother). The jurisdictional Magistrate to proceed in accordance with law. We are informed that the jurisdictional Magistrate is Judicial Magistrate, Pennagaram. We requisition a report from Judicial Magistrate, Pennagaram, which shall be placed before us in the next listing under cause list caption ''FOR REPORT''. Registry is directed to communicate a copy of this order to learned Judicial Magistrate, Pennagaram. We make it clear that all the rights of third respondent (private respondent) and anyone else concerned with this case are preserved as captioned HCP is disposed of in the Admission Board albeit with notice to official respondents.

7. If there is undue delay or if there is any other development, we make it clear that all the rights and contentions of the petitioner or anyone concerned for the absentee are preserved and left open for being raised in collateral or similar proceedings. Further we make it clear that it is open to the petitioner to come back to this Court not only with a similar but even same prayer if there are other developments and if the need arises. All the rights of all concerned are preserved.

8. Captioned HCP is disposed of with the aforementioned observations / directives. There shall be no order as to costs.

9. Though captioned HCP has been disposed of, Registry is directed to list the matter under the cause list caption ''FOR REPORT WITH STATEMENTS'' on 03.10.2023.