Vijay v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.73 of 2020 Vijay S/o.Siva ... Petitioner Vs 1.The Commissioner of Police, Chennai.

2.The Inspector of Police, G7, Chetpet Police Station, Chennai.

3.Nageshwari W/o.Jayakumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing respondents 1 and 2 herein to secure the body of the detenue, viz., Haanisha, aged 22 years, W/o.M.Vijay and produce her before this Court and set her at liberty.

For Petitioner : Mr.D.R.Arun Kumar For Respondents: Mr.R.Prathap Kumar Additional Public Prosecutor [R1 & R2]

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner, who is the husband of the detenue viz., Haanisha, aged 22 years, has filed the present petition seeking a direction to respondents 1 and 2 to produce the detenue before this Court and set her at liberty.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for respondents 1 and 2.

3. Learned counsel for petitioner submits that the detenue went missing from 15.12.2019. After searching for the detenue with friends and relatives, petitioner lodged a complaint before respondents 1 and 2. Since no effective steps https://hcservices.ecourts.gov.in/hcservices/

have been taken, petitioner has filed the present petition seeking the aforesaid relief.

4. Learned Additional Public Prosecutor has filed a detailed enquiry report of Deputy Commissioner of Police, Kilpauk District, Greater Chennai Police, wherein it is stated that there was some dispute between the petitioner and the detenue. The detenue preferred complaints before AWPS, Srivilliputhur as well as AWPS, Kilpauk. The detenue has also filed a petition seeking divorce before Family Court, Srivilliputhur. The detenue is living with her parents on her own volition and there is no illegal detention.

5. The detenue is produced before this Court. On enquiry, she expressed her unwillingness to join the petitioner. In the aforestated circumstances, this Court is of the view that there is no illegal detention.

Accordingly, the Habeas Corpus Petition is closed. However, petitioner is at liberty to work out his remedy in the manner known to law.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar gm To 1.The Commissioner of Police, Chennai.

2.The Inspector of Police, G7, Chetpet Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.R.Arun Kumar, Advocate, S.R.No. 12103 H.C.P.No.73 of 2020 AK(CO) GN(17/03/2020) https://hcservices.ecourts.gov.in/hcservices/