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2008 DIGILAW 1784 (MAD)

P. M. Veeramuthu v. The State of Tamil Nadu rep. By its Secretary to Government & Others

2008-06-16

M.CHOCKALINGAM, S.PALANIVELU

body2008
Judgment :- 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 212. 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 112. 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 112. 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 112. 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 112. 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 here from. 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.