LAWS(MAD)-2016-7-22

M.SOMAPPA Vs. THE SUPERINTENDENT OF POLICE

Decided On July 28, 2016
M.Somappa Appellant
V/S
The Superintendent Of Police Respondents

JUDGEMENT

(1.) This is an unfortunate case. The petitioner, a plumber by profession and a poor man, is the father of one Nandini, whose date of birth is 08.06.1998. The petitioner's wife is one Mrs. Sankaramma. They have got four children including Miss. Nandini. The petitioner's brother is one Mr. Venkatesh. Mr.Venkatesh has got a son by name Prakash. Thus, Mr.Prakash is a cousin, falling within the supinda relationship of Nandini.

(2.) The allegation is that on 14.11.2015 around 6 am, Miss Nandini (hereinafter referred to as detenue) was kidnapped by Prakash and she was missing from that day onwards. The petitioner made a complaint to Hudco Police Station in Krishnagiri District on 18.11.2015, upon which a case in Cr.No. 689 of 2015 has been registered under Section 366 (A) of IPC against Mr.Prakash and few others. It is the grievance of the petitioner that there was no effective steps taken by the 3rd respondent to trace out the missing detenue girl. Therefore, the petitioner has filed the present Habeas Corpus Petition on 28.4.2016.

(3.) When this Habeas Corpus Petition came up for hearing on 29.04.2016, the learned Additional Public Prosecutor took notice for the official respondents, viz., respondents 1 to 3. Thereafter, the matter was adjourned. Though this Habeas Corpus Petition has been pending from 29.4.2016 onwards, the detenue was not secured and produced before this Court in the past.