H.C.P.No.2556 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.12.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH

AND

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH

H.C.P.No.2556 of 2022

T.Nithyanandan

.. Petitioner

Vs.

1.The State rep. by

The Commissioner of Police

Greater Chennai

Vepery, Chennai-7

2.The Inspector of Police

Pulianthope Police Station

Pulianthope

Chennai

.. Respondents

Petition filed under Article 226 of the Constitution of India, praying to

issue a WRIT OF HABEAS CORPUS directing the 2^nd respondent to

produce the petitioner's mother T.Jayamani, W/o.Thatchanamoorthy, aged

about 62 years, before this Court and set her at liberty.

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H.C.P.No.2556 of 2022

For Petitioner : Mr.S.Karthikeyan

For Respondents : Mr.R.Muniyapparaj

Additional Public Prosecutor

O R D E R

[Made by N.ANAND VENKATESH, J.]

This petition has been filed for a direction to the 2^nd respondent police

to produce the petitioner's mother viz., T.Jayamani, aged about 62 years,

who went missing on 27.02.2022.

2. Today, Mr.M.Chelladurai, Sub-Inspector of Police,

P-1 Pulianthope Police Station, is present before this Court.

3. The learned Additional Public Prosecutor, on instructions,

submitted that, the detenue was suffering from psychiatric problem and she

was taking treatment at the Institute of Mental Health, Kilpauk; the detenue

suddenly went missing on 27.02.2022 and based on a complaint given by

the petitioner, a “woman-missing” FIR has been registered in Crime No.180

of 2022 by the 2^nd respondent police on 07.03.2022. The learned Additional

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H.C.P.No.2556 of 2022

Public Prosecutor further submitted that all steps have been taken to find out

the whereabouts of the detenue.

4. In the considered view of this Court, it will be suffice, if a direction

is issued to the 2^nd respondent to proceed further with the investigation in

Pulianthope P.S. Crime No.180 of 2022, in line with the instructions given

by the Director General of Police, Tamil Nadu, vide Circular Memorandum

in C.No.016781/Cr.3(1)2005 dated 31.01.2005, issued pursuant to the

directions of this Court in H.C.P.No.658 of 2003 vide order dated

05.08.2003, which were reiterated in K.Sukumari Vs. The Superintendent of

Police, Virudhunagar District, Virudhunagar and Others [2018-2-LW

(Crl) 636]. For the sake of ready reference, the said Circular Memorandum

is usefully extracted :

“CIRCULAR MEMORANDUM

Sub : Missing Persons - Certain instructions -Issued

Ref : 1) Chief Office Memo in Rc.No.2110/128992/

Cr.II(I)/2003, Dt 27.06.2003.

2) Order of the High Court, Madras, HCP No.

658 of 2003 Dt 05.08.2003.

3) Chief Office Memo in C. No.84/CIG/MOB/

2003 Dated 13.08.2003.

4) Chief Office Memo in R.C. No.84/MOB/

SCRB/2003 dated 19.01.2005.

.......

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H.C.P.No.2556 of 2022

In several cases, Hon'ble High Court of Madras

has observed that the investigations relating to Missing

Persons are perfunctory. It is therefore necessary to

streamline the investigation relating to Missing Persons.

2) It is seen that, during investigations, cases of

missing persons, kidnapped, deserters, wanted criminals,

escaped criminals, unidentified dead bodies etc., the

computerised "Talash" software is not being availed of by

the field officers. In order to streamline the process of

monitoring and supervision, the following instructions are

hereby issued:-

(i) Police Computer Wing (SCRB) will circulate the

seven forms (i.e. for Missing, Kidnapped, Deserter,

Wanted, Escaped, Unidentified Person, Unidentified

Dead body) to District Superintendents of Police and

Commission of Police.

(ii) Sufficient forms will be supplied by

COPs/SPs to PS.

(iii) Immediately after registering the case,

(Missing, Kidnapped, Deserter, Wanted,