Deepa Victar Sam Tony v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 27.11.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MR.JUSTICE P.N.PRAKASH H.C.P.NO.3035 OF 2015 Deepa Victor Sam Tony .. Petitioner - Vs - State rep. by The Inspector of Police B-9, Police Station Saravanampatty Coimbatore District.
.. Respondent Petition filed for the issuance of a writ of habeas corpus directing the respondent to secure the detenu, Victor Samtony, produce him before this Court and set him at liberty. For Petitioner : Mr. G.Murugendran For Respondent : Mr. A.N.Thambidurai, Additional Public Prosecutor
ORDER
(DELIVERED BY R.SUDHAKAR, J.) This petition has been filed for a direction to the respondent to secure the detenu, Victor, Samtony, husband of the petitioner, produce him before this Court and set him at liberty.
2. Heard the learned counsel appearing for the petitioner and the learned Addl. Public Prosecutor appearing for the respondent and perused the materials available in the typed set of documents.
3. It is the case of the petitioner that his husband is being illegally detained by his parents in connection with which a complaint was given and CSR No.1058/2015 has been issued by the respondent police. It is averred that though the complaint has been received, the respondent police are not taking steps to locate the detenu and, therefore, the present petition is filed.
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4. From a perusal of the affidavit filed in support of the petition, it is evident that the wife of the detenu is complaining about the illegal detention of her husband, allegedly by his parents. Even a perusal of the CSR No.1058/2015 shows that it is a case of family quarrel and the details of the complaint clearly establish that it is a case of matrimonial discord.
5. From the above admitted fact, the plea of the petitioner that the detenu is under illegal detention, much less by his parents, cannot be accepted. In such view of the matter, there being no illegal detention, issuance of writ of habeas corpus does not arise.
6. Accordingly, this habeas corpus petition is closed. However, since the complaint has been received and CSR No.1058/15 has been issued, there will be a direction to the respondent police to proceed with the investigation and keep the petitioner informed of any development/break through in the case.
GLN Sd/- Assistant Registrar (IV) /True Copy/ Sub-Assistant Registrar To
1. The Inspector of Police B-9 Police Station Saravanampatty Coimbatore District.
2. The Public Prosecutor High Court, Madras.
+1 C.C. To MR.G.Murugendran, Advocate in SR.NO.64597 H.C.P.NO.3035 OF 2015 RSY(CO) sd : 10/12/2015 https://hcservices.ecourts.gov.in/hcservices/