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Madras High CourtHCP/1701/2017dismissed

R.Rajesh v. The Commissioner Of Police

2018-05-02Honourable Mr Justice S.M. Subramaniam,Honourable Mrs Justice S. Ramathilagam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.05.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE S.RAMATHILAGAM H.C.P.No.1701/2017 R.Rajesh ..Petitioner vs.

1.The Commissioner of Police, O/o.Commissioner of Police, Vepery, Chennai.

2.The Inspector of Police, Tharamani Police Station, Chennai.

3.Vignesh @ Vikki .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of petitioner's wife Karpagavalli, aged about 22 years, who is under the illegal custody of the 3rd respondent before this Court and hand over the custody to the petitioner.

For petitioner : Mr.M.Senthil Kumar For Respondents: Mr.R.Ravichandran, GA [Crl.Side] for R1 and R2

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM.,J) The relief sought for in this writ petition is for a direction to direct the respondents 1 and 2 to produce the body or person of petitioner's wife Karpagavalli, aged about 22 years, who is under the illegal custody of the 3rd respondent. On an earlier occasion, the respondent/Police produced the Detenue viz., Smt. Karpagavalli before this Court and this Court had interviewed the Detenue. During the course of interview, the Detenue viz., Karpagavalli, expressed before this Court that she is not willing to live with her husband, who is the petitioner in this habeas corpus petition. https://hcservices.ecourts.gov.in/hcservices/

Thus, the Detenue herself has expressed that she is not willing to move along with her husband/petitioner and that she being a the major, this Court cannot compel her to go along with the petitioner. Accordingly, no further adjudication needs to be undertaken in respect of other grounds raised in this habeas corpus petition and the same stands closed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar SK To 1.The Commissioner of Police, O/o.Commissioner of Police, Vepery, Chennai.

2.The Inspector of Police, Tharamani Police Station, Chennai.

3.The Public Prosecutor High Court, Madras.

H.C.P.No.1701/2017 SP(23/05/2018) https://hcservices.ecourts.gov.in/hcservices/