Yasmin Rose v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2022 Coram THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.No.845 of 2022 Yasmin Rose .. Petitioner Vs.
1.The State rep by the Commissioner of Police Commissioner's Office, Vepery, Chennai.
2.The Inspector of Police, V-1, Villivakkam Police Station, Villivkkam, Chennai - 46.
.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to produce the petitioner husband namely Mohammed Bilal aged 39 years residing at No.10/20, 98th Street, Sidco Nagar, Villivakkam, Chennai - 49 before this Court and set him at liberty. For Petitioner : Mr.S.Elaiyaraja For respondents : Mr.M.Babumuthumeeran, Addl. Public Prosecutor
ORDER
S. VAIDYANATHAN, J.
A.D. JAGADISH CHANDIRA, J.
This petition has been filed by the petitioner/wife of the detenue seeking to produce her husband/Mohammed Bilal aged 39 years who was found missing.
2. When the matter is taken up today, the learned Additional Public Prosecutor would submit that in respect of missing of alleged detenue/Mohamed Bilal a complaint has been given by one Mohammadha Begam/mother of the detenue, based on the complaint given by the mother, the second respondent had filed the FIR in Cr.No.52 of 2022 under the caption "man missing". He would further submit that the respondent had conducted investigation and during the course of investigation, it came to light that the alleged detenue is a drug addict and there was a matrimonial dispute between him and his wife/petitioner and he left the home and and he is living with his mother. The detenue is not in illegal custody of the second respondent.
3. Recording the same, this habeas corpus petition stands closed with a direction to the Assistant Commissioner of Police, Villivakkam range to supervise the investigation in V-1 Villivakkam Police Station, Villivakkam in Crime No.52 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue/Mohammed Bilal, aged about 39 years, is secured, he shall be produced before the XIII Metropolitan Magistrate, Egmore, Chennai under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.
(S.V.N., J.) (A.D.J.C., J.) 06.07.2022 tsh To 1.The State rep by the Commissioner of Police Commissioner's Office, Vepery, Chennai.
2.The Inspector of Police, V-1, Villivakkam Police Station, Villivkkam, Chennai - 46.
3.The Public Prosecutor, High Court, Madras.
S. VAIDYANATHAN, J.
A.D. JAGADISH CHANDIRA, J.
tsh H.C.P.No.845 of 2022 06.07.2022.