K.Tamilselvi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.694 of 2022 K.Tamilselvi .. Petitioner Vs.

1. The Inspector of Police, V-3, J.J. Nagar Police Station, Mogappair East, Chennai - 600 037.

2. M.Santha Manivannan .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1st respondent to produce the detenu M.Jagan, aged 48 years, S/o.Manivannan, before this Court, who has been illegally detained by the 2nd respondent and set him at liberty. For Petitioner : Mr.Prakash Paul For R1 : 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 1st respondent to produce the detenu M.Jagan, aged 48 years, S/o.Manivannan, before this Court, who has been illegally detained by the 2nd respondent and set him at liberty. 2.

Today, V.Sandhiya (Mobile No.84284 43411), Women Police Constable 50422, V-3, J.J. Nagar Police Station, is present.

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3.

It is the case of the petitioner that she got married to Jegan some time in the year 2007 and through the wedlock, she has one daughter; while that being so, on account of some marital discord, she got estranged from her husband some time in the year 2017 and thereafter, according to the petitioner, his whereabouts are not known. On these allegations, the present habeas corpus petition has been filed.

4.

In the complaint dated 28.03.2022 that is said to have been given by the petitioner to the first respondent/police, she has stated that she wants the police to find out the address and whereabouts of her husband for the purposes of claiming maintenance from him.

5.

It is not the case of the petitioner that her husband is in the illegal custody of the first respondent/police for the issuance of a writ of habeas corpus.

6.

Under such circumstances, we direct the petitioner to go in person to the first respondent/police and lodge a written complaint. On such complaint being lodged, the first respondent/police shall register a C.S.R. and make enquiries in order to find out the whereabouts of the petitioner's husband and inform the petitioner in this regard.

With the above directions, this habeas corpus petition stands closed.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar nsd To

1. The Inspector of Police, V-3, J.J. Nagar Police Station, Mogappair East, Chennai - 600 037.

2. The Public Prosecutor, High Court, Madras.

H.C.P.No.694 of 2022 SSN (CO) PR (26/05/2022) https://hcservices.ecourts.gov.in/hcservices/