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Madras High CourtHCP/1984/2018dismissed

M.Devagi, Aged 27 Years, v. The Commissioner Of Police,

2019-12-12Honourable Mr Justice R.Subbiah,Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.1984 of 2018 M.Devagi W/o.Magesh ... Petitioner Vs 1.The Commissioner of Police, Vepery, Chennai - 600007.

2.The Deputy Commissioner of Police, St.Thomas Mount, Chennai.

3.The Inspector of Police, S-15 Selaiyur Police Station, Chennai - 600073.

4.Muthamizh Selvan, S/o.Balu ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing respondents to cause production of the body and person of petitioner's husband viz., Magesh S/o.Jayaraman, aged about 32 years, before this Court and set him at liberty. For Petitioner : Mr.G.Mohanakrishnan For Respondents: Mr.R.Prathap Kumar Additional Public Prosecutor [R1 to R3]

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner, who is the wife of the detenu, viz., Magesh S/o.Jayaraman, aged about 32 years, has filed this petition seeking a direction to respondents to cause production of the detenu before this Court and set him at liberty.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for respondents 1 to 3. https://hcservices.ecourts.gov.in/hcservices/

3. When the matter was called on 17.09.2019, petitioner, detenu as well as their minor children were present before this Court. After enquiring the parties and on finding that there is no illegal detention, this Court referred the matter to Mediation Centre. Today, it is represented that mediation has failed.

In the aforestated circumstance, this Court finds that this is a case of matrimonial dispute and hence, this petition is not maintainable. Accordingly, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar gm To 1.The Commissioner of Police, Vepery, Chennai - 600007.

2.The Deputy Commissioner of Police, St.Thomas Mount, Chennai.

3.The Inspector of Police, S-15 Selaiyur Police Station, Chennai - 600073.

4.The Public Prosecutor, High Court, Madras.

H.C.P.No.1984 of 2018 SPD(CO) GN(21/01/2020) https://hcservices.ecourts.gov.in/hcservices/