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Madras High CourtHCP/1352/2018dismissed

Mr.Joseph Satheesh v. The Commissioner Of Police,

2018-07-13Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2018

CORAM

The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice N.ANAND VENKATESH H.C.P.No.1352 of 2018 Joseph Satheesh .. Petitioner Vs.

1.The Commissioner of Police, Vepery, Chennai - 7.

2.The Inspector of Police, R6 Kumaran Nagar Police Station, Chennai - 83.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the second respondent herein to produce the body of the detenue Carolin Inigo, D/o.Rathinam before this Court and let her liberty to go with the petitioner. For Petitioner :

Mr.T.Ramachandran For Respondents :

Mr.R.Prathap Kumar, Addl.Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the second respondent to produce the body of the detenue Carolin Inigo, D/o.Rathinam before this Court and to set her at liberty to go with the petitioner, the present habeas corpus petition has been filed.

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

https://hcservices.ecourts.gov.in/hcservices/

3.It is a case of missing person. According to the petitioner, he has married the detenue. In the complaint, it is stated that she left the house and thereafter could not be traced and an F.I.R. has also been registered in Crime No.578 of 2018.

4.We are not inclined to entertain this habeas corpus petition as it is not maintainable. From the materials available, it appears that the wife of the petitioner is missing. In such view of the matter, as held by this Court in Kalaiarasi Vs. State Rep. by Inspector of Police, Kavettipatti Police Station, Namakkal District (2018 2 MWN (Crl.) 280, this habeas corpus petition stands dismissed. Sd/-- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar mmi To 1.The Commissioner of Police, Vepery, Chennai - 7.

2.The Inspector of Police, R6 Kumaran Nagar Police Station, Chennai - 83.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.1352 of 2018 MP(CO) ASK(07/08/2018) https://hcservices.ecourts.gov.in/hcservices/