Madras High CourtHCP/2167/2015dismissed

R.Arun Raj v. The Superintendent Of Police

2015-09-18Honourable Mr Justice R. Mahadevan,Honourable Dr Justice S. Tamilvanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.09.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE R.MAHADEVAN H.C.P. No.2167 of 2015 R.Arun Raj ... Petitioner -v1.The Superintendent of Police Vellore District.

2.The Inspector of Police, Kalavai Police Station, Kalavai, Vellore District.

3.Allaudeen 4.Mallika Begum ... 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 to produce Dr.A.Shabrin, aged about 24 years, before this Court and to set her at liberty forthwith. For Petitioner :

Mr.J.Suresh For Respondents :

Mr.A.N.Thambidurai Addl. Public Prosecutor for R1&R2

O R D E R

(Order of the Court was made by S.TAMILVANAN,J.) Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents 1 and 2. 2.This petition has been filed under Article 226 of the Constitution of India seeking an order in the nature of Habeas Corpus, directing the respondents to produce Dr.A.Shabrin, aged about 24 years, before this Court and to set her at liberty forthwith. 3.Learned counsel for the petitioner submitted that the alleged detenue is under illegal custody of the fourth respondent, who is none other than the elder mother of the detenue. However, the Additional Public Prosecutor has produced a letter addressed by the https://hcservices.ecourts.gov.in/hcservices/

alleged detenue to the Inspector of Police, Kalavai, wherein she has specifically stated that there is no illegal detention by her parents and that she has also denied the love affair of the petitioner herein. 4.Having considered the letter addressed by the alleged detenue to the Inspector of Police, Kalavai, which was produced by the learned Additional Public Prosecutor, we are of the view that this Habeas Corpus Petition itself is not legally maintainable. Accordingly, this Habeas Corpus Petition is dismissed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Superintendent of Police Vellore District.

2.The Inspector of Police, Kalavai Police Station, Kalavai, Vellore District.

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

+1 cc to Mr.J.suresh Advocate sr.51146 H.C.P. No.2167 of 2015 aa30/09/2015 https://hcservices.ecourts.gov.in/hcservices/