IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.07.2017 CORAM:
THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.848 of 2017 Jagadheeswari ... Petitioner vs.
State,rep.by The Inspector of Police, Kadampuliyur Police Station, Panruti Taluk, Cuddalore District Respondent Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the respondent to produce the petitioner's sister Mrs.Ezhilarasi's daughter Miss.Divya, aged 19 years, before this Court and set her at liberty.
For Petitioner : Mr.C.Mohan Raj For Respondents :Mr.V.M.R.Rajentren,A.P.P.
ORDER (Order of the Court was made by A.SELVAM,J.) This habeas corpus petition has been filed under Article 226 of the Constitution of India praying to direct the respondent to trace out and produce the detenue, by name, Divya, aged 19 years, daughter of the sister of the petitioner.
2. The learned Additional Public Prosecutor has represented that the detenue has been abducted by one Chitra and her husband and subsequently murdered and due to that, a case has been registered in Crime No.218 of 2017, on the file of Kadampuliyur Police Station.
3. On the basis of representation made by the learned Additional Public Prosecutor, this Court has perused the concerned CD file, wherein it is clearly stated that Chitra and her husband have shown the place where the dead body of Divya has been buried and subsequently, exhumed the body of Divya and the present petitioner has identified the dead body.
4. Considering the aforesaid fact, it is made clear that the detenue is not alive. Under the said circumstances, the relief sought in the petition has become infructuous.
In fine, this habeas corpus petition is dismissed.
msk (A.S.J.) (P.K.J.) 28.07.2017 To
1. The Inspector of Police, Kadampuliyur Police Station, Panruti Taluk, Cuddalore District
2. The Public Prosecutor, High Court, Madras.
http://www.judis.nic.in A.SELVAM,J.
and P.KALAIYARASAN,J.
msk H.C.P.No.848 of 2017 28.07.2017 http://www.judis.nic.in