Vasanthi @ Chitra v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.08.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1584 of 2015 Vasanthi @ Chitra ... Petitioner -vs1.The State represented by The Commissioner of Police, Chennai City, Vepery, Chennai-600 007.

2.The State rep. by The Superintendent of Police, Thiruvallur District, Thiruvallur.

3.The State rep. by The Inspector of Police, R-8 Vadapalani Police Station, Chennai-600 026.

... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the respondents herein to produce the body and person of the said detenu Srinivasan, aged about 42 years, husband of the petitioner, before this Court and thereafter set him at liberty. For Petitioner :

Mr.K.Balaji For Respondents :

Mr.A.N.Thambi Durai Additional Public Prosecutor

O R D E R

(Order of the Court made by S.TAMILVANAN,J.) This petition has been filed by the petitioner/wife of the detenu Srinivasan, aged about 42 years, to cause production of her husband, before this Court and to set him at liberty.

2.It is submitted by the learned counsel for the petitioner that the alleged detenu Srinivasan was taken to the Police Station illegally, which necessitated in filing this petition. In support of his contention, he filed only a copy of the complaint given to the Commissioner of Police and that was sent only by post for which postal receipts are available.

3.As per the affidavit filed by the Inspector of Police, the third respondent herein, it is seen that a case in Crime No.193/2015 under Section 399 IPC on the file of Sevvapettai Police Station, has been registered against the alleged detenu.

4.On the aforesaid circumstances, we are of the view that this petition is liable to be dismissed.

5.It is open to the petitioner to work out her remedy, as per procedure known to law.

6.With the above observation, this petition is dismissed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vga To 1.The Commissioner of Police, Chennai City, Vepery, Chennai-600 007.

2.The Superintendent of Police, Thiruvallur District, Thiruvallur.

3.The Inspector of Police, R-8 Vadapalani Police Station, Chennai-600 026.

4.The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to Mr.K.Balaji, Advocate, S.R.No.41071 H.C.P. No.1584 of 2015 EV(CO) CA(19/08/2015)