Mohammed Sharif Nawaz v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.08.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1979 of 2015 Mohammed Sharif Nawaz ... Petitioner -v1.The Inspector of Police, N-3, Muthaialpet Police Station, Chennai-1.

2.Basheer Ahmed ... 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 of the detenue by name Shahimah, aged about 22 years, before this Court and set her at liberty.

For Petitioner :

Mr.K.Thenrajan For Respondents :

Mr.A.N.Thambi Durai Addl. Public Prosecutor for R1 Mr.A.Rajamohamed 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 first respondent and the learned counsel for the second respondent. 2.This petition has been filed by the petitioner/husband of the detenue Shahimah, aged about 22 years, directing the first respondent to cause production of the detenue before this Court and to set her at liberty.

3.The detenue Shahimah, wife of the petitioner is secured and produced before this Court by the respondent police. The petitioner is also present before this Court.

4.On enquiry, the detenue Shahimah states that she is a major aged about 22 years and she is not willing to go with her husband/the petitioner herein and she further submits that there is no illegal detention of her by the second respondent.

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5.Recording the statement made by the detenue to the effect that there is no illegal detention, we are of the view that this petition could be closed as nothing further remains to be considered. However, if there is any grievance, it is open to the petitioner to work out his remedy before the appropriate forum according to law. 6.Accordingly, this petition is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar kal To 1.The Inspector of Police, N-3, Muthaialpet Police Station, Chennai-1.

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

1 cc to Mr. A.Rajamohamed, Advocate Sr.No.46411/15 1 cc to Mr.K.Thenrajan , Advocate Sr.No.45919/15 H.C.P. No.1979 of 2015 ca(co) pmk.8.9.2015 https://hcservices.ecourts.gov.in/hcservices/