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Madras High CourtHCP/1062/2024closed

Natarajan v. The State Rep By Its,

2024-06-11Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.1062 of 2024 Natarajan ... Petitioner Vs.

1.The Superintendent of Police, Vellore District.

2.The State rep. by Inspector of Police, Paradarami Police Station, Vellore District.

3.Sathya @ Sathyanarayanan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the 2nd respondent to produce the petitioner's wife, Selvakumari aged about 55 years before this Hon'ble Court and from the illegal custody of the 3rd respondent and set her at liberty.

For Petitioner : Mr.S.N.Subramani For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C. Aravind

ORDER

M.S.RAMESH, J.

AND SUNDER MOHAN , J.

Complaining that the petitioner's wife is in the illegal custody of the third respondent herein, the present Habeas Corpus Petition has been filed. His complaint to the Police has already been registered in Crime No.63 of 2024 under the caption 'women missing'. 2.Today when the Habeas Corpus Petition was called, the learned Additional Public Prosecutor filed a status report and submitted that the petitioner's wife is now under the care and custody of her daughter. He also produced the statement of the petitioner's wife made before the Judicial Magistrate, Gudiyatham under Section 164 Cr.P.C, which also ratifies that the wife is residing with her daughter.

3.As such, we do not find that the petitioner's wife is in the illegal custody of the third respondent and therefore, no effective orders can be passed for the prayer sought for in the present Habeas Corpus Petition and accordingly, the same stands closed. No costs. [M.S.R., J] [S.M., J] 11.06.2024 Index: Yes/No Speaking/Non-speaking order Internet:Yes/No Tsg To 1.The Superintendent of Police, Vellore District.

2.The State rep. by Inspector of Police, Paradarami Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and SUNDER MOHAN , J.

Tsg H.C.P.No.1062 of 2024

11.06.2024