H.C.P.No.422 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

H.C.P.No.422 of 2023

C.H.Sujatha

.. Petitioner

Vs

1.The Commissioner of Police

Chennai District, Chennai.

2.State Rep. By its

The Inspector of Police,

V-4, Rajamangalam Police Station,

Chennai.

.. Respondents

Petition filed under Article 226 of the Constitution of India

praying for issuance of writ of habeas corpus directing the

respondents to produce the body of the petitioner's husband

G.Suresh, male, aged 39 years.

For Petitioner

:

Mr.K.Bommuraj

For Respondents

:

Mr.R.Muniyapparaj

Additional Public Prosecutor

assisted by Mr.M.Sylvester John

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H.C.P.No.422 of 2023

ORDER

[Order of the Court was made by M.SUNDAR, J.,]

Captioned 'Habeas Corpus Petition' (hereinafter 'HCP' for the

sake of brevity) has been filed saying that the 'petitioner's spouse

one G.Suresh' (hereinafter 'absentee' for the sake of convenience and

clarity), aged 39 years, who is a cab driver by avocation is missing

from 31.01.2023.

2.

Mr.K.Bommuraj, learned counsel for petitioner submits

that the petitioner lodged a complaint with jurisdictional police station

i.e., second respondent on 03.02.2203 and a 'First Information

Report' (hereinafter 'FIR' for the sake of brevity) was registered qua

man missing vide Crime No.50 of 2023.

3.

Mr.R.Muniyapparaj, learned State Additional Public

Prosecutor assisted by Mr.M.Sylvester John, learned counsel, who

accepts notice for both the respondents is instructed by Mr.S.Murthy,

Inspector of Police, who is before us.

4.

Learned State Additional Public Prosecutor on instructions

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H.C.P.No.422 of 2023

submitted that investigation was commenced pursuant to aforesaid

FIR and preliminary investigation brings to light that it is not a case

of illegal detention or illegal custody. This by itself drops the curtains

on a habeas corpus legal drill. Be that as it may, learned State

Additional Public Prosecutor submits that the investigation pursuant

to aforementioned FIR is underway. There is marital discord between

the spouses i.e., petitioner and the absentee. Learned State

Additional Public Prosecutor submits that the investigation is being

carried on in accordance with law and it will be carried to its logical

end as expeditiously as possible. We are informed that XIII

Metropolitan Magistrate, Egmore, Chennai is the jurisdictional

Magistrate qua aforementioned FIR.

5.

In the light of the narrative thus far, we are of the view

that this is not a fit case to embark upon a habeas corpus legal drill

as it is not a case of illegal detention or illegal custody as already

alluded to supra. Therefore, we are of the further view that it would

be suffice if there is an observation that the jurisdictional police shall

produce the absentee before the aforementioned jurisdictional

Magistrate when he is located and let the investigation proceed on its

own merits and in accordance with law.

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H.C.P.No.422 of 2023

6.

Captioned HCP is disposed of as closed albeit with the

aforementioned observation.

(M.S.,J.)

(N.A.V.,J.)

21.03.2023

Index : Yes / No

Neutral Citation : Yes / No

mmi

To

1.The Commissioner of Police

Chennai District, Chennai.

2.The Inspector of Police,

V-4, Rajamangalam Police Station,

Chennai.

3.The XIII Metropolitan Magistrate,

Egmore, Chennai.

4.The Public Prosecutor,

High Court, Madras.

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H.C.P.No.422 of 2023

M.SUNDAR, J.,

and

N.ANAND VENKATESH, J.,

mmi

H.C.P.No.422 of 2023

21.03.2023

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