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Madras High CourtHCP/1943/2020closed

K.Jothi v. The Superintendent Of Police,

2020-11-18Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No.1943 of 2020 K.Jothi ..Petitioner .Vs.

1. The Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Inspector of Police, Hosur Town Police Station, Hosur, Krishnagiri District.

3. Nimitha ..Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing respondents 1 and 2 to produce the person or body of the detenu namely, Gugan, son of Kumar, aged 27 years, before this Court from the illegal custody of the third respondent and set him at liberty.

For Petitioner : Mr.J.Pradeep For Respondents : Mr.R.Prathap Kumar, Addl. Public Prosecutor for R1 and R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to respondents 1 and 2 to produce the person or body of the detenu namely, Gugan, son of Kumar, aged 27 years, before this Court from the illegal custody of the third respondent and set him at liberty, the present habeas corpus petition has been filed.

2.The petitioner is the mother of the detenu. The petitioner gave a complaint stating that the detenu is missing from https://hcservices.ecourts.gov.in/hcservices/

20.08.2020 onwards. In the complaint, it has been stated that he left with the third respondent.

3.Heard the learned counsel appearing for the parties. 4.Learned Additional Public Prosecutor, on instructions, submitted that the detenu is a major and a married man and he eloped with the third respondent. This information came to be known from the investigation made so far.

5.From the above, we do not find any illegal detention involved and the habeas corpus petition stands closed. However, the respondents shall continue the investigation and take steps to trace the detenu.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Inspector of Police, Hosur Town Police Station, Hosur, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

H.C.P. No. 1943 of 2020 rr ii (04/12/2020) https://hcservices.ecourts.gov.in/hcservices/