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Madras High CourtHCP/1233/2017closed

C.Ravikumar, M/A 27 Years, v. The Superintendent Of Police,

2017-10-30Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice Rajiv Shakdher2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.10.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDHER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.1233 of 2017 C.Ravikumar ... Petitioner Vs.

1.The Superintendent of Police, Krishnagiri, Krishnagiri District.

2.State, by Inspector of Police, Pochampalli Police Station, Krishnagiri District.

3.Murugan (R-3 impleaded as per order of court dated 18.8.2017 made in Crl.MP.10377/2017)

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondents to produce the body and person of the Detenue by name Manimegalai, wife of Ravikumar, aged about 22 years, before this Court and set her at liberty.

For Petitioner : Ms.Divya for M/s.K.Balu For Respondents : Mr.V.M.R.Rajentran, (1&2) Addl. Public Prosecutor.

O R D E R

(Order of the Court was made by RAJIV SHAKDHER, J.) 1.The petitioner, i.e.,Ravikumar, is present in Court today.

2.Mr.Rajentran, learned Additional Public Prosecutor, informs us that this is the second time that the detenue has left her home. The detenue is the wife of the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3.We have interviewed the petitioner. He says that the detenue has eloped for the second time with one Mr.Murugan. As a matter of fact, Mr.Murugan was impleaded as a party by this Court vide order dated 27.07.2017. The petitioner, in our interaction with him, has clearly stated that he would not take the detenue back, even if she is produced in Court. It is his contention that he has lent money to his in-laws, which he wants to be returned to him and therefore, he has taken recourse to these proceedings.

4.According to us, these proceedings cannot be used for such a purpose. Since the petitioner has already expressed his view before us that he will not take the detenue back, even if she is produced, we are of the view that the State resources cannot be wasted for this purpose.

5.Accordingly, this Habeas Corpus Petition is closed. The petitioner will be free to take recourse to other legal remedies to work out his claim, if any, against the detenue and her parents. No costs.

Sd/- Assistant Registrar(CS II) // True Copy// Sub Assistant Registrar sra To 1.The Superintendent of Police, Krishnagiri, Krishnagiri District.

2.The Inspector of Police, Pochampalli Police Station, Krishnagiri District.

+1cc to Mr.K.Balu, Advocate SR.No.77045 H.C.P.No.1233 of 2017 KJI(CO) GN(24/11/2017) https://hcservices.ecourts.gov.in/hcservices/