[The order of the court was made by M.CHOCKALINGAM, J.] Invoking the Writ Jurisdiction of this court, one Kanniah has brought forth this petition for the production of his wife and son, viz., Thangarani aged about 32 years and Muthusubramani aged 8 years, who are said to be missing.
2.This court heard the learned counsel for the petitioner and also the respondents. Affidavit filed in support of the petition is perused.
3.According to the learned counsel for the petitioner, his wife and son were found missing from 30.09.2009 onwards and the complaint was lodged on 01.10.2009. Since no steps have been taken by the respondent police, the petitioner has approached this court by way of this petition.
4.On the above said contentions, the learned Additional Public Prosecutor submitted that it is true that a complaint has been given by the petitioner on 01.10.2009. Based on the said complaint, a case was registered in Cr.No.576/2009 for Woman and child missing and the same is pending investigation. It is submitted that earlier, a Habeas Corpus Petition was filed by the petitioner herein in HCP.No.1949/2009 for production of his wife and she was also secured and produced before this court on 01.12.2009 and the earlier petition was disposed of in view of the petitioner and the detenue joining together. Now, on the very same complaint, the petitioner has approached this court with the present petition.
5.After hearing the learned counsel on either side, this court is of the considered opinion that once the complaint was originally given and the detenue was traced and produced before the court on 01.12.2009 and both the petitioner and the detenue joined together and the earlier petition in HCP.No.1949/2009 was disposed of, nothing would survive in the present petition.
6.Accordingly, the Habeas Corpus petition is dismissed. If it is not impediment for the petitioner to give fresh complaint to the respondent police and if the respondent police found it as a fit case to register, shall register a case and proceed with the investigation in accordance with law.
ap To
1.The Inspector of Police Tiruppur North Police Station Tiruppur District.
2.The Superintendent of Police Tiruppur District, Tiruppur