PRAKASH Vs. THE SUPERINTENDENT OF POLICE AND OTHERS

JUDGEMENT

(1.) The relief sought for in this Habeas Corpus Petition is for a direction to direct the respondents to produce the body or person of the petitioner's father Selvaraj S/o. Elumalai aged about 55 years before this Court.

(2.) The petitioner has stated that his father Selvaraj aged about 55 years was working as senior Conductor in Tamil Nadu State Transport Corporation at Kancheepuram District and the petitioner's mother, is housewife and both are residing in Chenglepattu, Kancheepuram District. On 20.10.2014, the petitioner's father met with an accident and he lost his memories and he could not continue his work in Tamil Nadu State Transport Corporation. He was also taking treatment for the ailment of loss of memories. He is also is of the habit of going outside to take tea in the tea stall. On 12.05.2017, he went outside and did not return home. The petitioner searched his father every where including his relatives house, but his whereabouts are not known to the petitioner and he preferred a complaint before the Chenglepet Town Police Station on 20.05.2017 and the second respondent police has also registered a case in Crime No.364 of 2017 under Section "man missing". Hence, the petitioner has filed this petition and sought for a direction.

(3.) The respondent police registered the FIR and proceeded for securing the missing person. The respondent police has also filed a status report. The status report reveals that the case was taken for investigation on 20.05.2017, seven witness, who are son, wife, daughter, brother of the missing person and two neighbours of the missing person were examined. The respondent also sent the pamphlet containing the details of the missing person along with his photo to the District Crime Record Bureau, Kanchipuram and the same was sent to the Police Stations in and around Kanchipuram and nearby places. The pamphlets were pasted in public places like railway station, bus stand, auto stand, market, hospital, temple. But no clue was obtained. The fact of the missing with details were also telecasted in the local TV. On 31.05.2017, the respondent deputed the police team consisting of Tr.Nataraj, Grade 1 PC 492 and Tr. Venkatesan, HC 1294 and they have visited the nearby places for the search of the missing person. Special Team also went to the Government Hospital, Mortuary at Chenglepet. On 05.06.2017, the then respondent compared the photo of the missing person with the unidentified bodies at the age group of the missing person in the CCTNS and one body which resembles, the body of the missing person belongs to the Pothanur police station in Crime No.95 of 201 under section 174 of CRPC, 1973.