Mohamed Noogu, Aged 30 Years v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23/2/2017 C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj Habeas Corpus Petition No.322 of 2017 Mohamed Noogu ...

Petitioner Vs The State rep. By

1. The Deputy Commissioner of Police Poonamallee High Road Chennai 10.

2. The Assistant Commissioner of Police Poonamallee High Road Chennai 10.

3. The Inspector of Police G 3 Kilpauk Police Station Chennai 10.

...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Habeas Corpus, directing the respondents to produce the body of petitioner's wife Ajeena Beevi, aged 24 years, who is now in the illegal detention and set her at liberty.

For petitioner ...

Mr.I.Paul Noble Devakumar For respondents ...

Mr.V.M.R.Rajentren Additional Public Prosecutor - - - - - -

O R D E R

(Order of the Court was delivered by S.Manikumar,J) Husband of the detenue, has lodged a complaint, dated 27/1/2017 with the third respondent Police that his wife Ajeena Beevi, aged about 24 years was missing from 18/1/2017. Complaint has been registered in Crime No.213 of 2017 under the caption "woman missing".

2. Though a case has been registered under the head "woman missing" and that the petitioner has made specific averments that he did not suspect anybody, allegations have been made that she is in illegal detention and on that premise, a writ of Habeas Corpus Petition is sought for.

3. We have perused the F.I.R in Crime No.213 of 2017, dated 27/1/2017. There are no averments about illegal detention. The petitioner has stated that his wife was missing from 18/1/2017. In the absence of any specific allegations of illegal detention, writ of Habeas

Corpus Petition is not maintainable.

4. Accordingly, this Habeas Corpus Petition is closed. Respondents are directed to complete the investigation as expeditiously as possible.

(S.M.K.,J) (M.G.R.,J) 23rd February 2017 mvs.

Index: yes/No website: Yes/No.

To

1. The Deputy Commissioner of Police Poonamallee High Road Chennai 10.

2. The Assistant Commissioner of Police Poonamallee High Road Chennai 10.

3. The Inspector of Police G 3 Kilpauk Police Station Chennai 10.

4. The Additional Public Prosecutor Madras High Court Madras.

S.MANIKUMAR,J

a n d M.GOVINDARAJ,J mvs.

H.C.P.No.322 of 2017 23/2/2017 http://www.judis.nic.in