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.2512 of 2016 J. Malathi .. Petitioner Vs
1. State rep by The Commissioner of Police, Office of Commissioner of Police, Vepery, Chennai-600 007
2. The Inspector of Police, K-9, Thiru-Vi-Ka Nagar Police Station, Chennai – 600 011 .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the second respondent to produce the petitioner son viz., J. Jayaprakash before this Court in FIR No.71/2016 dated 04.02.2016 and set him as free.
For Petitioner : Mr.P. Murali 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 mother of one J. Jayaprakash, aged about 39 years. According to the petitioner, her son J. Jayaprakash was found missing from 05.01.2015 onwards. In this regard, on a complaint made, a case has been registered in Cr.No.71/2016 on 04.02.2016. Since J. Jayaprakash has not been secured, the petitioner has come up with this petition.
2. It is submitted by the learned Additional Public Prosecutor that due to matrimonial dispute between J. Jayaprakash and his wife, he has gone somewhere. He further submitted that investigation revealed that there is no illegal detention. In such view of the said submission, 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.
Speaking Order/non-speaking order Index : Yes/no Internet : Yes/no sr/jer (S.N.J.,) (A.S.M.J.,) 24-03-2017 To
1. The Commissioner of Police, Office of Commissioner of Police, Vepery, Chennai-600 007
2. The Inspector of Police, K-9, Thiru-Vi-Ka Nagar Police Station, Chennai – 600 011
3. The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.
And ANITA SUMANTH,J., sr/av Order in H.C.P.No.2512 of 2017
24-03-2017