S.Muthuraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.08.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1750 of 2015 S.Muthuraj

...Petitioner

-v1. The Inspector of Plice (L&O), T.6, Avadi Police Station, Avadi, Chennai-600 054.

2. Selvam

...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 first respondent to produce the petitioner's wife Usha, aged about 26 years either in person or her body before this Court and to set her at liberty forthwith.

For Petitioner :

Mr.A.Kumana Raja For Respondents :

Mr.A.N.Thambi Durai Addl. Public Prosecutor for R1 Mr.T.Selvam & S.John Peter for R2

O R D E R

(Order of the Court made by S.TAMILVANAN,J.) Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent.

2.The alleged detenue Usha, aged about 26 years, is secured and produced before this Court by the respondent police. The petitioner and the second respondent are also present with their respective counsel.

3.On enquiry, the detenue Usha stated that she is aged about 26 years and she is a M.Com., Graduate and there is no illegal detention by anybody. However, she expressed her willingness to go along with https://hcservices.ecourts.gov.in/hcservices/

her father/the second respondent herein and . 4.Learned counsel for the petitioner submits that the petitioner has married the detenue and only at the instigation of the second respondent, she has stated that she is willing to go with him/the second respondent herein. However, we cannot go into the issue in detail here. It can only be considered that there is no illegal detention, based on the submissions of the detenue that there is no illegal detention. However, it is open to the parties to workout their remedy before the appropriate forum, according to law. 5.With the above observation, this petition is ordered to be dismissed. Accordingly, this petition is dismissed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar kal To

1. The Inspector of Plice (L&O), T.6, Avadi Police Station, Avadi, Chennai-600 054.

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

H.C.P. No.1750 of 2015 RSK (CO) PSI (18.08.2015) https://hcservices.ecourts.gov.in/hcservices/