IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.06.2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE S.PALANIVELU H.C.P.NO.838 OF 2008 V.Valli .. Petitioner Vs. 1.The State by Inspector of Police, Kallakuruchi Police Station, Kallakuruchi, Villupuram District. 2.Kumar 3.Senthil Kumar 4.Santhosh .. Respondents This habeas corpus petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of habeas corpus, directing the respondents to produce the petitioner's husband, namely A.Vedappan before the court and set him at liberty. For Petitioner : Mr.C.Jayaprakash for Mr.P.Vajravelu For Respondents: Mr.M.Babu Muthu Meeran, APP for R1 - - - - ORDER
(The order of the Court was made by M.CHOCKALINGAM, J.)
Invoking the writ jurisdiction of this court, the petitioner one Valli has brought forth this petition for the issuance of the writ of habeas corpus, alleging that her husband, namely Vedappan, was found missing from 5.5.2008 onwards; that a complaint was given to the first respondent; and that a case came to be registered for man missing on 15.5.2008 in Crime No.261 of 2008, but no steps were yet taken. Added further the learned counsel that in the instant case, the petitioner’s husband purchased an immovable property from the mother of the second respondent; that they insisted for re-conveyance of the property, to which course the husband of the petitioner was not amenable; that there was a panchayat convened and it did not fructify and that with the assistance of respondents 3 and 4, the second respondent has kidnapped the husband of the petitioner on 5.5.2008 and that the same was reliably learnt by the petitioner and under these circumstances, the petitioner was compelled to file this habeas corpus petition before this Court.
2.In answer to the above, the learned counsel for the State would submit that it is true, a complaint was given on 15.05.2008; that a case came to be registered in Crime No.261 of 2008 for man missing and thus, the investigation is on. The learned counsel would further submit that the petitioner and her husband had a daughter aged 16 years; that she was given in marriage to one Nasir; that the marriage was arranged by the petitioner with all objections raised by her husband, but she did not pay heed to the same and under these circumstances, the petitioner’s husband disappeared and further the case was registered and now, the investigation is on.
3.In appraisement of the facts and circumstances of the case, the court is of the considered opinion that instead of keeping this petition pending, it would be fit and proper to issue a direction to the first respondent police to proceed with the investigation in the strict sense of term, secure the detenu and produce before the concerned court. Accordingly, a direction is issued. The first respondent police is further directed to keep inform to the petitioner about the progress of the investigation once in two months. Accordingly, this petition is disposed of.
(M.C., J.) (S.P.V., J.)
19.06.2008
Index : Yes
Internet : Yes
vvk
To
1.Inspector of Police,
Kallakuruchi Police Station,
Kallakuruchi,
Villupuram District.
2.The Additional Public Prosecutor,
High Court,
Madras.
M.CHOCKALINGAM, J.
AND
S.PALANIVELU, J.
vvk
H.C.P.NO.838 OF 2008
19.06.2008