Hcp/1693/2019 Of S.r.srinivasan v. The Director General Of Income Tax (Investigation)

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 13.08.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESHandThe Hon'ble Mr. Justice M. NIRMAL KUMAR H.C.P. Nos.1693 and 1694 of 2019 S.R.Srinivasan... Petitioner in H.C.P.No.1693 of 2019Shenbagamoorthy... Petitioner in H.C.P.No.1694 of 2019-vs-.The Director General of Income Tax(Investigation), New Building,2nd Floor, New No.45, Old No.108,Mahatma Gandhi Road,Nungambakkam, Chennai - 34.... Respondent in both H.C.PsPetitions filed under Article 226 of the Constitution ofIndia, to issue a Writ of Habeas Corpus directing the respondentto produce the body of the detenu by name Mr.Bimalendra Mishraaged about 42 years and by name N.Jayamurugan, aged 51 years,his wife Mrs.Geetha Jayamurugan, aged about 47 years, hisdaughters, Miss Anitha Jayamurugan, aged about 23 years andMiss. Nandhini Jayamurugan, aged about 22 years before thisCourt and set them at liberty. For PetitionerMr.Sathish Parasaran,Sr. Counselfor M/s.N.Arun Natarajanin both HCPs For RespondentsMs.N.Sheela,Spl. Public Prosecutorin both HCPs [Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondent to produce the body ofthe detenus - Bimalendra Mishra, aged about 42 years,N.Jayamurugan, aged 51 years, Geetha Jayamurugan, aged about 47years, Anitha Jayamurugan, aged about 23 years and NandhiniJayamurugan, aged about 22 years before this Court and set themat liberty, these habeas corpus petitions have been filed. 2.When the matter is taken up for hearing, learned SpecialPublic Prosecutor submitted that what was done is only anenquiry, though the learned senior counsel submits that it is aclear case of detention. Suffice it to state that the detenusare not in the custody of anyone, as of now. Thus, leaving openthe larger issue, these habeas corpus petitions stand closed asnothing survives for consideration. However, liberty is alsogiven to the petitioners to take appropriate action in themanner known to law, if they are of the view that there involvesillegal custody. Sd/- Assistant Registrar (CS-V) //True Copy// mmiTo Sub Assistant Registrar 1.The Director General of Income Tax(Investigation), New Building, 2nd Floor, New No.45, Old No.108, Mahatma Gandhi Road, Nungambakkam, Chennai - 34. 2. The Public Prosecutor High Court, Madras. +2 ccs to Mr.N.R.R.Arun Natarajan, Advocate, S.R.No.68792 & 68973H.C.P. Nos.1693 and 1694 of 2019 VBA(CO)SSM(13/09/2019)