Amarnath v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.176 of 2021 Amarnath S/o. Sundharavel ..Petitioner Vs.

1.The Superintendent of Police, Vellore District, Tamil Nadu - 632 012.

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

3.Babu S/o. Vajiravel ..Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus to direct the 1st and 2nd respondents police to produce the petitioner's wife Soujanya, aged about 22 years, before this court and set her at liberty.

For Petitioner :

Mr.C.Mohanraj For RR 1 and 2 :

Mr.R.Prathap Kumar, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] The habeas corpus petition has been filed seeking to direct the 1st and 2nd respondents police to produce the petitioner's wife Soujanya, aged about 22 years, before this court and set her at liberty.

2.

It is the case of the petitioner that his wife Soujanya, aged about 22 years, has been abducted by the third respondent and that the police are not taking effective steps to secure her.

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3.

Today, Mr.D.Nagarajan, Special Sub-Inspector of Police, Pernampet Police Station, Vellore District, is present. 4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Pernampet Police Station Crime No.1364 of 2020 has been registered on 19.12.2020 for 'woman missing' and the investigation is in progress. He further submitted that the enquiries conducted so far revealed that the petitioner's wife has eloped with the third respondent.

Recording the same, this habeas corpus petition is closed with a direction to the Deputy Superintendent of Police, Gudiyatham Sub-Division, to monitor the investigation in Pernampet Police Station Crime No.1364 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she may be produced before Judicial Magistrate Court, Gudiyatham.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar nsd To 1.The Judicial Magistrate, Gudiyatham.

2.The Superintendent of Police, Vellore District, Tamil Nadu - 632 012.

3.The Deputy Superintendent of Police, Gudiyatham Sub-Division.

4.The Inspector of Police, Pernampet Police Station, Vellore District.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.176 of 2021 PP(CO) SP(09/03/2021) https://hcservices.ecourts.gov.in/hcservices/