S.Rudrakotti v. The Assistant Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.06.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN H.C.P.No.966 of 2021 S.Rudrakotti .. Petitioner Vs.

1. The Assistant Commissioner of Police M-1 Madhavaram Police Station Madhavaram, Chennai-60

2. The Inspector of Police M-1 Madhavaram Police Station Madhavaram, Chennai-60 .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the respondents herein to secure and produce the petitioner's wife N.K.Shanmugapriya, aged 24 years, before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.B.Sureshkumar 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 Shanmugapriya, aged about 24 years, went missing from 04.05.2021 and that her whereabouts are not known. In this connection, it is stated that the petitioner sent a complaint by post to the Inspector of Police, M-1, Madhavaram Police Station and that the police have not taken effective steps to secure her.

2. Today, Mr.Kalirajan, Inspector of Police, M-1 Madhavaram Police Station, produced Shanmugapriya from the police station via video conferencing. When we enquired with Shanmugapriya, she stated that she left the company of the petitioner on her own https://hcservices.ecourts.gov.in/hcservices/

accord and that she is residing with her friend Revathy in door No.113, Samodhy Street, Maruvathur Village, Chengalpet 603 319 and her mobile number is 7010005295. She categorically stated that she is not willing to join her husband and that, she wants to work out her remedies before the appropriate forum.

3. Since Shanmugapriya is not in the illegal custody of any person, no writ of habeas corpus can be issued and accordingly, this habeas corpus petition stands closed, with liberty to the parties to work out their remedies in the manner known to law. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gya To

1. The Assistant Commissioner of Police M-1 Madhavaram Police Station Madhavaram, Chennai-60

2. The Inspector of Police M-1 Madhavaram Police Station Madhavaram, Chennai-60

3. The Public Prosecutor High Court, Madras H.C.P.No.966 of 2021 RLD(CO) RLP(19/07/2021) https://hcservices.ecourts.gov.in/hcservices/