K.Jayanthi v. The Commissioner Of Police (S.P)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice V.SIVAGNANAM H.C.P. No.1269 of 2020 K.Jayanthi .. Petitioner Vs.

1.The Commissioner of Police, (S.P), Chennai Metro City, E.V.K.Sambath Salai, Vepery, Chennai - 600 007.

2.State represented by The Inspector of Police (L & O), K-2, Aynavaram Police Station, Chennai - 600 023.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents to produce the detenu before this Court and set the detenu R.Karthik, son of Ramalingam, aged about 35 years at liberty forthwith.

For Petitioner :

Mr.T.V.G.Kartheeban For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by V.SIVAGNANAM, J.] This habeas corpus petition has been filed seeking to direct the respondents to produce the detenu before this Court and set the detenu R.Karthik, son of Ramalingam, aged about 35 years, at liberty forthwith.

2.

It is the case of the petitioner that her husband Karthik, son of Ramalingam, aged about 35 years, went missing from 13.07.2020 and that the police are not taking effective steps to secure him.

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3.

The learned Additional Public Prosecutor submitted that Karthik (detenu) was produced before this Court on 15.12.2020 and when enquired, Karthik stated that he was not in the illegal custody of anyone and on account of differences of opinion between him and his wife, he got separated from her. 4.

Therefore, this is not a case, where Karthik (detenu), son of Ramalingam, aged about 35 years, is in the illegal custody of anyone, for issuance of a writ of habeas corpus. Hence, this habeas corpus petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar nsd To 1.The Commissioner of Police, (S.P), Chennai Metro City, E.V.K.Sambath Salai, Vepery, Chennai - 600 007.

2.The Inspector of Police (L & O), K-2, Aynavaram Police Station, Chennai - 600 023.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.V.G.Kartheeban, Advocate SR.14274 H.C.P. No.1269 of 2020 SR II(CO) CB(22/03/2021) https://hcservices.ecourts.gov.in/hcservices/