Banupriya v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.NO.1410 OF 2021 Banupriya W/o.M.Yuvaraj .. Petitioner Vs.

1. The Superintendent of Police, Municipality Campus, Muthukadai, Ranipet - 632 401.

Ranipet District.

2. State represented by Inspector of Police, Ranipet Police Station, Ranipet District.

Crime No.1427 of 2020

3. M.Varalakshmi W/o.Murugesan 4.J.Murugesan .. Respondents Prayer:- Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the first respondent herein to secure and produce the petitioner's husband, viz., M.Yuvaraj S/o.Murugesan, aged about 28 years, the detenu herein, before this Court and set him at liberty from the illegal custody of respondents 3 and 4 forthwith.

For Petitioner :

Mr.D.Stephen For Respondents:

Mr.R.Muniyapparaj Government Advocate [Crl.side]

ORDER

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the first respondent herein to secure and produce the petitioner's husband, viz., M.Yuvaraj S/o.Murugesan, aged about 28 years, before this Court from the illegal custody of respondents 3 and 4 and set him at liberty.

2. It is the case of the petitioner that she was in love with one Yuvaraj and got married to him against the wishes of his parents on 28.08.2020 and thereafter, Yuvaraj is in the illegal custody of his parents viz., respondents 3 and 4, who are not permitting him to join the petitioner as she belongs to a different community.

3. It is seen that on the complaint of the petitioner, a case in Ranipet P.S.Crime No.1427 of 2020 for 'man missing' was registered and investigation is in progress.

4. In view of the above, we direct the Deputy Superintendent of Police, Ranipet, to monitor the investigation in Ranipet P.S.Crime No.1427 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenu is secured, he shall be produced before the District Munsif cum Judicial Magistrate, Ranipet, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. With the above direction, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gm To 1.The District Munsif cum Judicial Magistrate, Ranipet.

2. The Superintendent of Police, Municipality Campus, Muthukadai, Ranipet - 632 401.

Ranipet District.

3. The Deputy Superintendent of Police, Ranipet.

4. The Inspector of Police, Ranipet Police Station, Ranipet District.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No.1410 of 2021 BS(CO) PM/29/09/2021