Madras High Court
C.Balakrishnan vs The State Of Tamilnadu Represented By on 27 September, 2023
Author: M.Sundar
Bench: M.Sundar
H.C.P.No.1884 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
H.C.P.No.1884 of 2023
C.Balakrishnan .. Petitioner
Vs
1. The State of Tamilnadu represented by
The Superintendent of Police
Krishnagiri District, Krishnagiri – 635 001
2. The Deputy Superintendent of Police
Hosur
3. The Inspector of Police
All Women Police Station, Hosur
4. The Sub-Inspector of Police
All Women Police Station, Hosur
5. Nagesh .. Respondents
Petition filed under Article 226 of the Constitution of India praying
for issuance of a writ of habeas corpus directing the respondents 3 and 4 to
produce the body of a minor xxxx aged about 17 years before this Court
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H.C.P.No.1884 of 2023
who is under wrongful confinement with the 5th respondent and hand over to
the petitioner.
For Petitioner : Mr.B.Bharath Kumar
for Mr.V.Nicholas
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
Assisted by
Mr.Aravind.C
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity].
2. Factual matrix in a nutshell is that petitioner's daughter 'xxx' [petitioner's daughter shall hereinafter be referred to as 'absentee' for the sake of convenience]; that we are masking the name of the absentee [to be noted, absentee is a minor]; that absentee [according to the petitioner] is pursuing B.Sc Computer Science in a college in Krishnagiri [1st year]; that according to the petitioner, absentee went to her college on 31.08.2023 but did not return home; that petitioner lodged a complaint with All Women Police Station, Hosur in this regard and the same has been taken on file vide FIR No.72 of 2023 dated 04.09.2023 [Girl Missing]; that captioned HCP Page Nos.2/7 https://www.mhc.tn.gov.in/judis H.C.P.No.1884 of 2023 has been presented in this Court on 19.09.2023 fearing possible illegal detention of absentee by the fifth respondent [to be noted, 5th respondent is a private respondent].
3. Issue notice to official respondents.
4. Mr.E.Raj Thilak, learned State Additional Public Prosecutor accepts notice for official respondents 1 to 4.
5. Learned Prosecutor [instructed by Ms.S.Gandhimathi, Sub- Inspector of Police, All Women Police Station, Hosur], submits that pursuant to aforementioned FIR dated 04.09.2023, investigation was kick started and preliminary investigation thus far brings to light that it may not be a case of illegal detention. However, learned Prosecutor submits that a special team has been formed and they are gravitating towards locating the absentee. It is submitted that statements have been recorded from those concerned. It is further stated by learned Prosecutor that three weeks from today will be a realistic time frame for locating the absentee.
6. This court is acutely conscious of the fact that captioned HCP is being disposed of in the Admission Board when 5th respondent (private respondent) is not before this Court. Therefore, we make it clear that all the Page Nos.3/7 https://www.mhc.tn.gov.in/judis H.C.P.No.1884 of 2023 rights and contentions of 5th respondent as well as the petitioner, absentee and / or anyone else concerned with this case are preserved if there are connected/collateral proceedings, more particularly proceedings pursuant to FIR No.72 of 2023 on the file of All Women Police Station, Hosur in Krishnagiri District.
7. Be that as it may, let the investigation proceed in accordance with law and let the absentee be located as expeditiously as possible. On locating the absentee, she shall be produced before the jurisdictional Magistrate [we are informed that Judicial Magistrate I, Hosur is the jurisdictional Magistrate]. We request the jurisdictional Judicial Magistrate to record statement from the absentee and any one else concerned with this matter, particularly the petitioner and fifth respondent. We also make it clear that production of absentee before the jurisdictional Magistrate will be with prior intimation to the petitioner.
8. Absentee being a minor, depending on the statement of the absentee, learned Magistrate shall send her to a home if there is a need to do so.
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9. We also preserve all the rights and contentions of the petitioner and/or anyone else concerned for the absentee to come back to this Court with the same/similar prayer i.e., habeas corpus prayer if there are any other developments or if the need arises in any other form.
10. Though the captioned HCP is being disposed of, we requisition a report from the jurisdictional Magistrate [together with recorded statements] and also a report from the second respondent. This means that the second respondent will monitor the investigation.
11. Captioned HCP is disposed of in the aforesaid manner with the aforesaid observations and preservation of rights in the aforesaid manner.
(M.S.,J.) (R.S.V.,J.)
27.09.2023
Index : Yes/No
Neutral Citation : Yes/No
P.S: Though the captioned HCP is disposed of, Registry to list the captioned HCP under the cause list caption 'FOR REPORT' on 20.10.2023.
gpa Page Nos.5/7 https://www.mhc.tn.gov.in/judis H.C.P.No.1884 of 2023 To
1. Judicial Magistrate I Hosur
2. The Superintendent of Police Krishnagiri District, Krishnagiri – 635 001
3. The Deputy Superintendent of Police Hosur
4. The Inspector of Police All Women Police Station, Hosur
5. The Sub-Inspector of Police All Women Police Station, Hosur
6.The Public Prosecutor High Court, Madras.
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