Udhayakumar v. The Commssioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.368 of 2022 Udhayakumar .. Petitioner/Husband of the Detenue Vs.

1.The Commissioner of Police, Coimbatore City, Coimbatore - 641 018.

2.State represented by The Sub-Inspector of Police, Singanallur Police Station, Coimbatore City, Coimbatore.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents 1 and 2 to produce the detenue viz., the petitioner's wife Anisha, wife of Udhayakumar, aged about 25 years, in person before this Court or her body and set her at liberty. For Petitioner : Mr.M.I.Javid Akbar For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the respondents to produce the detenue Anisha, wife of Udhayakumar, aged about 25 years, before this Court and set her at liberty.

2.

It is the case of the petitioner that his wife Anisha, aged about 25 years, went missing from 23.12.2021 and thereafter, her whereabouts are not known. It is the further case of the petitioner that Anisha has left their son Dushanth, https://hcservices.ecourts.gov.in/hcservices/

aged about 6 years, with him and has gone missing. 3.

On instructions, the Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Singanallur Police Station Crime No.1183 of 2021 has been registered on 23.12.2021 for 'woman missing' and during the course of investigation, it came to light that Anisha had developed intimacy with one Mohanraj and had eloped with him. In such view of the matter, this habeas corpus petition stands closed with a direction to the Assistant Commissioner of Police, Singanallur Range, to supervise the investigation in Singanallur Police Station Crime No.1183 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Anisha, aged about 25 years, is secured, she shall be produced before the Judicial Magistrate Court No.III, Coimbatore, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law. Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar nsd To 1.The Judicial Magistrate No.III, Coimbatore.

2.The Assistant Commissioner of Police, Singanallur Range.

3.The Commissioner of Police, Coimbatore City, Coimbatore - 641 018.

4.The Sub-Inspector of Police, Singanallur Police Station, Coimbatore City, Coimbatore 5.The Public Prosecutor, High Court, Madras.

+2ccs to Mr.M.I.Javid Akbar, Advocate SR.No.15419 H.C.P.No.368 of 2022 JP(CO) GMY(18/03/2022) https://hcservices.ecourts.gov.in/hcservices/