R.Rangasamy v. The Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.07.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN H.C.P.No.827 of 2021 R.Rangasamy .. Petitioner Vs.

1.The Assistant Commissioner of Police Keelkattalai Chennai District 2.State rep. by The Inspector of Police Pallikaranai Police Station Chennai District .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the 2nd respondent to produce the body of the petitioner's wife viz., R.Jayamani, aged about 24 years, before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.M.P.Yuvaraj for M/s.Sundararaman For Respondents : Mr.R.Muniyapparaj Government Advocate (Crl. Side)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that, his wife viz., Jayamani had taken away his two children viz., Pragasthi, aged 6 years and Pragathi, aged 3 years, from him and that, her whereabouts are not known. It is his further grievance that, despite giving a complaint to the 2nd respondent police, no action was taken and hence, he has filed this petition seeking the aforesaid relief.

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2. On instructions, Mr.Muniyapparaj, learned Government Advocate (Crl. Side) submitted that, on a complaint given by the petitioner, a petition enquiry in C.S.R.No.176 of 2021 has been registered. However, we had earlier, by our order dated 25.06.2021, directed the 2nd respondent to register an F.I.R. for woman missing.

3. Today, Jayamani appeared before this Court via video call and told us that on account of marital discord, she left the company of the petitioner and has got married to one Ravi and is living with him in door No.70, Mariamman Koil Street, Sundaravilagam, Thiruvarur District 610 105 and that her mobile number is 9025918125. She also stated that both the children are in the house of her mother in Puducherry. Recording the same, this Habeas Corpus Petition is closed, with a direction to the 2nd respondent police to register a regular F.I.R. for woman missing and produce Jayamani before the jurisdictional Magistrate, who shall pass appropriate orders with regard to her custody.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gya To 1.The Assistant Commissioner of Police Keelkattalai Chennai District 2.The Inspector of Police Pallikaranai Police Station Chennai District 3.The Public Prosecutor High Court, Madras +1CC to M/s. Sundararaman, Advocate, Sr.No.31272 H.C.P.No.827 of 2021 GPL (CO) K.RK.(23.07.2021) https://hcservices.ecourts.gov.in/hcservices/