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C Sivanathan vs The Superintendent Of Police And Others

Madras High Court|24 March, 2017
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JUDGMENT / ORDER

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 24.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2582 of 2016 C. Sivanathan .. Petitioner Vs
1. The Superintendent of Police, Tiruppur District, Tiruppur
2. The Inspector of Police, Tiruppur North Police Station, Tiruppur District .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents 1 and 2 to produce the body of the detenue/petitioner's son namelly S. Sateesh Kumar, aged 27 years before this Court and set him at liberty.
For Petitioner : Mr.M Guruprasad For respondents : Mr.V.M.R. Rajendran Addl. Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the father of one S. Sateesh Kumar, aged 27 years. According to the petitioner, S. Sateesh Kumar has been found missing from 07.11.2014 onwards. On a complaint given by the petitioner, a case in Cr.No.1470 of 2014 was registered for “Man Missing”. Till today, S. Sateesh Kumar has not been secured. This is the grievance of the petitioner.
2. The learned Additional Public Prosecutor, on instructions, submitted that the detenu was given money to deposit into the bank, but, he missed part of the amount. Out of fear, he has gone away. However, search is being conducted to locate the missing person.
3. In such view of the matter, we find there is no illegal detention.
Hence we are unable to grant any relief to the petitioner. The Habeas Corpus Petition is dismissed. However, we direct the respondents to expedite the investigation.
(S.N.J.,) (A.S.M.J.,) 24-03-2017 Speaking Order/non-speaking order Index : Yes/no Internet : Yes/no sr/jer To
1. The Superintendent of Police, Tiruppur District, Tiruppur
2. The Inspector of Police, Tiruppur North Police Station, Tiruppur District
3. The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.
And ANITA SUMANTH,J., sr/jer Order in H.C.P.No.2582 of 2016
24-03-2017
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Title

C Sivanathan vs The Superintendent Of Police And Others

Court

Madras High Court

JudgmentDate
24 March, 2017
Judges
  • S Nagamuthu
  • Anita Sumanth