IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16-6-2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE S.PALANIVELU HCP No.587 of 2008 P.M.Veeramuthu .. Petitioner vs 1.The State of Tamil Nadu rep. By its Secretary to Government Home Department, Fort St. George Chennai 600 009. 2.The Superintendent of Police Villupuram District 3.The Inspector of Police Villupuram West Police Station Villupuram District, Villupuram 4.The Inspector of Police Central Bureau of Investigation Villupuram District, Villupuram .. Respondents Habeas corpus petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus to direct the respondents to produce the petitioner's minor daughter namely Jansi Rani alias Lakshmi Bai aged 15 years before this Court and hand over his daughter's custody to the petitioner. For Petitioner : Mr.V.A.Jayakumar For Respondents : Mr.Babu Muthu Meeran Additional Public Prosecutor for RR1 to 3 Mr.N.Chandrasekaran Special Public Prosecutor for CBI ORDER
(Order of the Court was made by M.CHOCKALINGAM, J.)
Invoking the writ jurisdiction of this Court, the petitioner one Veeramuthu has filed this petition alleging that his own daughter aged 14, who was doing her SSLC in the year 2004, was found missing on 23.12.2004; that a complaint was given to the third respondent police on 30.12.2004; that a case came to be registered in Crime No.1226 of 2005; that since she has not been traced, originally a petition in HCP No.275 of 2005 was filed; that pending that petition, the Court ordered transfer of investigation to the CB CID, but of no avail, and then, the Court came to the rescue by passing another order on 11.12.2006, transferring the investigation of the case from CB CID to the CBI, who is the fourth respondent herein, and it also closed the said HCP by issuing a direction to the CBI to keep the investigation pending till the girl is secured, and till the time, the petitioner should be kept informed of the progress of the investigation once in two months. Now, the petitioner, who was actually informed about the progress, has brought forth HCP No.587 of 2008, which is the instant one, since his daughter was not secured.
2.The affidavit in support of the petition is perused. The Court heard the learned Additional Public Prosecutor for the State and also the learned Special Public Prosecutor for the CBI.
3.According to the learned Counsel for CBI, there was a direction already given in HCP No.275 of 2005, and the order was passed by the Court on 11.12.2006, and the publication was made throughout India and through all the media, and they have taken hectic steps to secure not only the girl, but also the boy who went along with her, but could not be secured, and the investigation is kept pending, and the petitioner is also being informed about the progress, and they will be secured and produced before the Court within a reasonable time.
4.After hearing both sides, this Court is of the considered opinion that this petition need not be kept pending, since originally HCP No.275 of 2005 was disposed of by this Court transferring the investigation to the CBI by an order dated 11.12.2006, for the purpose of securing the girl, and it was also ordered that the investigation should be kept pending till that time. Under the circumstances, this Court feels that it would be fit and proper to issue a direction again to the fourth respondent CBI to take stern steps to secure both the boy and the girl within a period of three months herefrom. Accordingly, a direction is issued. Till the time, the petitioner should be informed of the progress of the investigation once in a month. The petitioner is also given liberty to make such a petition if the circumstances warrant so, after a period of three months. Accordingly, this habeas corpus petition is disposed of.
(M.C.,J.) (S.P.V.,J.)
16-6-2008
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Issue order copy
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17-6-2008
nsv/
M.CHOCKALINGAM, J.
AND
S.PALANIVELU, J.
nsv/
To:
1.The State of Tamil Nadu
rep. By its Secretary
to Government
Home Department
Fort St. George
Chennai 600 009.
2.The Superintendent of Police
Villupuram District
3.The Inspector of Police
Villupuram West Police Station
Villupuram District
Villupuram
4.The Inspector of Police
Central Bureau of Investigation
Villupuram District
Villupuram
5.The Special Public Prosecutor
CBI, Madras.
HCP No.587 of 2008
Dt: 16-6-2008