P.Jagadish v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.No.472 of 2015 P.Jagadish ..Petitioner Vs 1.Superintendent of Police, Tirupur District,Tirupur.

2.Assistant Commissioner of Police, Palladam P.S.

Tirupur.

3.Inspector of Police, All Women Police station, Palladam, Tirupur.

4.Ramathaal 5.Balasubramaniam ..Respondents Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to direct the respondents 1 to 3 to produce the body of the petitioner's wife Mrs.Sudha, aged about 30 years, and his son Master J.Vidhunesh, aged about 5 years, before this Court and set them at liberty.

For Petitioner :

Mr.B.Gurumurthy For Respondents :

Mr.A.N.Thambidurai, 1 to 3 Additional Public Prosecutor .

O R D E R

This Habeas Corpus Petition has been filed by the husband of the detenue to direct the respondents 1 to 3 to produce the body of the petitioner's wife, Mrs.Sudha, aged about 30 years, and his son, Master J.Vidhunesh, aged about 5 years, before this Court and set them at liberty.

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2. Heard, the learned counsel appearing on behalf of the petitioner.

3. The detenue appeared before this Court on 24.02.2015 and had categorically stated that she does not want to go along with the petitioner. In fact, she had stated that she is living in her parents' house along with her minor child. She has also stated that she is staying in her parents' house voluntarily without any compulsion of anyone. This matter has been listed today as the petitioner was not present in Court on 24.02.2015.

4. In view of the statement made by the detenu that she is residing in her parents' house voluntarily along with her minor child and as she is 30 years of age, we do not find any reason to grant the relief as prayed for, by the petitioner, in the present Habeas Corpus Petition. Hence, the Habeas Corpus Petition stands dismissed. It is open to the petitioner to seek his remedy, if any, before the appropriate forum, in the manner known to law. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi To

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

2. Assistant Commissioner of Police, Palladam P.S.

Tirupur.

3. Inspector of Police, All Women Police station, Palladam, Tirupur.

4. The Public Prosecutor, High Court, Chennai.

1 cc to Mr.M.Prabakaran ,Advocate, SR.No.11503 H.C.P.No.472 of 2015 vd(co) pmk.18.3.2015 https://hcservices.ecourts.gov.in/hcservices/