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Madras High CourtHCP/1852/2018closed

Thiru.J.Ilaiya Raja, v. The State Rep. By

2019-09-09Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 1852 of 2018 J.Ilaiya Raja ... Petitioner -vs1.The State Rep.by The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, Natrampalli Police Station, Vellore District.

3.Sathish ... 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 body of the petitioner's wife Nethra, aged about 22 years, before this Court and set her at liberty.

For Petitioner : Mr.E.Kannadasan For Respondents :

Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 & R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to respondents 1 and 2 to produce the body of the petitioner's wife Nethra, aged about 21 years, before this Court and set her at liberty, the present Habeas https://hcservices.ecourts.gov.in/hcservices/

Corpus Petition has been filed by the husband of the detenue.

2. The petitioner gave a complaint for missing of the detenue, who is his wife. The complaint has been registered on 07.08.2018 for woman missing.

3.Learned Additional Public Prosecutor submitted that the detenue has eloped with the third respondent.

4. In such view of the matter, we do not find any illegal detention involved and the Habeas Corpus Petition stands closed. However, such a statement being prima facie in nature, the investigation shall go on and as and when the detenue is secured, she should be produced before the jurisdictional Magistrate.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mmi/ssm To

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

2.The Inspector of Police, Natrampalli Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate sr.77824 H.C.P. No. 1852 of 2018 rsi(co) nr 30/10/2019 https://hcservices.ecourts.gov.in/hcservices/