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Madras High CourtHCP/213/2019closed

M.Raman v. The Station House Officer

2019-06-10Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.213 of 2019 M.Raman ..

Petitioner Vs 1.State Rep by its The Station House Officer, Kottucherry Police Station, Karaikal, Pondicherry.

2.K.Adithan ..

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the first respondent to produce the body of the detenue namely Mrs.Chitra W/o.Raman aged about 42 years before the Hon'ble Court and set her at liberty.

For Petitioner ..

Mr.K.Aswin for M/s.Dass and Viswa Associates For R1 ..

Mr.D.Bharatha Charkravarthy, Public Prosecutor.(Puducherry) For R2 ..

Mr.A.S.Baalaji

ORDER

(Order of the Court was delivered by M.M.SUNDRESH, J.) This habeas corpus petition has been filed seeking to direct the first respondent to produce the body of the detenue namely Mrs.Chitra W/o.Raman aged about 42 years before the Hon'ble Court and set her at liberty. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner is the wife of the detenue. The 2nd respondent is none other than the brother of the detenue. There appears to be a dispute with regard to the marriage proposal of the daughter of the detenue with the brother the 2nd respondent who is also incidentally the brother of the detenue. According to the petitioner, the detenue is in the custody of the 2nd respondent.

3. The learned Additional Public Prosecutor submitted that the detenue is not with the 2nd respondent. Efforts have been made to secure the presence of the detenue who has left the matrimonial home on her own volition in view of the dispute as aforesaid.

4. In the light of the above, we do not find any illegal detention of the detenue on the part of the 2nd respondent and the Habeas Corpus Petition is accordingly closed. We, however, direct the 1st respondent to continue with the further investigation in accordance with law in tracing the detenue.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar smv/kmk To

1. The Station House Officer, Kottucherry Police Station, Karaikal, Pondicherry.

2. The Public Prosecutor, High Court, Chennai - 104.

+1cc to M/s.Dass and Viswa Associates , Advocate SR.No. 46666 H.C.P.No.213 of 2019 A.SK(27/06/2019) https://hcservices.ecourts.gov.in/hcservices/