S.Harikiran v. The Superintendent of Police

ORDER (Order of the Court was made by N.Sathish Kumar J.) This petition has been filed seeking production of detenu who went missing while he was taking bath in the river along with his friends on

02.06.2024 at 01.30pm at Eswaran Temple, Thapakuli.

¶2From the averments of the petition, it is seen that a complaint has been lodged in Crime No.119 of 2024 under "Man Missing" on the file of Anchetty Police Station.

¶3The Government Advocate (Crl.side) appearing for the respondents submits that the investigation is under progress.

¶4The respondent is directed to continue the investigation as per the instructions of the Office of the Director General of Police Tamil Nadu, Chennai vide Circular Memorandum C.No.016781/Cr.3(1)2005 dated

31.01.2005, as observed this Court vide order dated 12.09.2014 in H.C.P.No.1454 of 2014, The said circular reads as follows: "C.No.016781/Cr.3(1)2005 Office of the Director General of Police Tamil Nadu, Chennai - 600 004. Dated: 31.1.2005. CIRCULAR MEMORANDUM Sub: Missing Persons - Certain instructions Issued Ref: 1) Chief Office Memo in Rc.No.2110/128992/ Cr.II(I)/2003, Dt 27.06.2003. 2) Order of the High Court, Madras, HCP No.658 of 2003 Dt

05.08.2003. Page3 of 6 3) Chief Office Memo in C.No.84/CIG/MOB/2003 Dated

13.08.2003. 4) Chief Office Memo in R.C.No. 84/MOB/SCRB/2003 dated

19.01.2005. ---- In several cases, Hon'ble High Court of Madras has observed that the investigations relating to Missing Persons are perfunctory. It is therefore necessary to streamline the investigation relating to Missing Persons. 2)It is seen that, during investigations, cases of missing persons, kidnapped, deserters, wanted criminals, escaped criminals, unidentified dead bodies etc., the computerised "Talash" software is not being availed of by the field officers. In order to streamline the process of monitoring and supervision, the following instructions are hereby issued:

(i) Police Computer Wing (SCRB) will circulate the seven forms (i.e. for Missing, Kidnapped, Deserter, Wanted, Escaped, Unidentified Person, Unidentified Dead body) to District Superintendents of Police and Commission of Police. https://hcservices.ecourts.gov.in/hcservices/

(ii) Sufficient forms will be supplied by COPs/SPs to PS.

(iii) (Missing, Immediately after registering the case, Kidnapped, Deserter, Wanted, Escaped, Unidentified Person, Unidentified Dead Body), wireless messages should be sent to DSPs, Police Computer Wing, DCRBand Modus Operandi Bureau by the Investigating Officer.

(iv) The SHOs will prepare "Talash" Forms for all cases reported in 2005 and send them to DSPs, Police Computer Wing, DCRB and Modus Operandi Bureau, if not already Page4 of 6 sent

(v) The IOs will collect Photos of Missing/Unidentified Dead bodies and send it to DSPs Police Computer Wing, DCRB and Modus Operandi Bureau. (vi) Police Computer Wing will develop a software to match all the seven categories on different parameters, Photographs should also be included. The Dy. Superintendent of Police, Police Computer Wing will submit a project report on this within two months.

(vii) Manual verification should be done in Police Computer Wing forming a Special Team consisting of one Inspector of Police and three Police Constables. (viii) The circular vide reference third cited is being sent again to all District Superintendents of Police and Commissioners of Police to reiterate the procedure that should be followed strictly.

(ix) Investigating Officer should be Inspector of Police.

(x) Instructions given in the reference third cited above should be followed strictly for reviewing the progress of the cases.

(xi) Special Cell consisting of one SI, two HCs and two PCs should be formed in the Districts to collect relevant details in all the seven categories. (xii) Monthly meeting by SP should be conducted with IOs and DSPs to monitor the progress of the case.

(xiii) In all the cases of Missing, Kidnapped, Deserter, Wanted, Escaped, Unidentified Person,Unidentified Dead body and, when traced, message should be flashed to DSPs, Police Computer Wing DCRB and Modus Operandi Page5 of 6 Bureau. 3) The standardised proforma has been designed to be used in all the cases, is enclosed. 4) The consolidated database should be maintained at Police Computer Wing and a search should be done immediately after receiving messages from Districts. 5) The system should be followed with immediate effect. A compliance report should be sent to Addl. Director General of Police, Law and Order on or before 05.02.2005. 6) The receipt of this memorandum should be acknowledged. Sd/- Director General of Police Tamil Nadu, Chennai - 4." With the above observation, this Habeas Corpus Petition stands closed. (N.S.K.,J.) (K.R.S.,J.) 13-08-2026 Index: Yes/No Speaking/Non-speaking order gpa To

¶1The Superintendent of Police O/o, Superintendent of Police, Krishnagiri District.

¶2Inspector of Police Anchetty Police Station, Krishnagiri District. HCPoNo.o1447oofo2026 N.SATHISHoKUMAR,oJ. AND K.RAJASEKAR,oJ. GPA HCPoNo.o1447oofo2026 13-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE N. SATHISH KUMAR AND THE HON'BLE MR.JUSTICE K.RAJASEKAR S.Harikiran S/o. Srinivas, ..Petitioner(s) Vs 1. The Superintendent of Police O/o, Superintendent of Police, Krishnagiri District. 2. Inspector of Police Anchetty Police Station, Krishnagiri District. ..Respondent(s) Habeas Corpus Petition filed under Article 227 of the Constitution of India to issue a Writ of Habeas Corpus or any other appropriate writ, order or direction in the nature of writ directing the second respondent herein to produce the body or person of petitioner's Father namely D.Sruinivas, S/o. Perumala Sheety, aged 56 years before this Honble Court and set him at liberty and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of the case. For Petitioner(s): Mr.P.Prabu For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl.side) Page2 of 6