IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 17.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2282 of 2016 Saranya .. Petitioner Vs
1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.
2. The Inspector of Police, H-3, Washermenpet Police Station, Chennai. .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or any other appropriate Writ, Order or Direction more specifically in the nature of a Writ of Habeas Corpus directing the respondents to produce the detenu namely Abdul Rasheed @ Rohit Varma, male, aged about 32 years, before this Court and may set him at liberty.
For Petitioner : Mr.A.Saranraj For Respondents : Mr.V.M.R. Rajentren Addl. Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,)
1. The petitioner is the wife of one Mr.Abdul Rasheed @ Rohit Varma, male, aged about 32 years. According to the petitioner, he has been found missing from 08.07.2016 onwards. A complaint has been made in this regard by the petitioner to the respondent police. But the second respondent has not taken any action, is the grievance of the petition.
2. Today when the matter was taken up for hearing, the learned Additional Public Prosecutor, on instruction from the respondent police submitted that the detenu was mentally ill, and he had gone elsewhere. Steps are being taken to secure him. From this statement we are satisfied that there is no illegal detention. Therefore we are unable to grant relief as prayed for. Therefore the Habeas Corpus Petition is dismissed. However we make it clear the second respondent shall continue the investigation.
(S.N.J.,) (A.S.M.J.,)
17-03-2017 Speaking order/Non-speaking order Index : Yes/no Internet : Yes/no jbm/jer To
1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.
2. The Inspector of Police, H-3, Washermenpet Police Station, Chennai.
3. The Additional Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.
And ANITA SUMANTH,J., jbm/jer Order in H.C.P.No.2282 of 2016
17-03-2017