S.Eswaramoorthy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.11.2020

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA HCP.No.2019/2020 S.Eswaramoorthy ..Petitioner

Versus

1. The Commissioner of Police The Commissioner of Office Building, EVK Sampath Road, Vepery, Chennai 600 007.

2. The Inspector of Police M4, Senkundram Police Station Chennai 52.

..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the 2nd respondent to produce petitioner's wife named Gouri before this Court and to set her at liberty. For Petitioner :

Ms.P.Uma For RR 1 & 2 :

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SATHYANARAYANAN] (1)The petitioner is the husband of the detenue Gouri and from the materials placed, it appears that on account of some matrimonial discard, the detenue left the company of her husband / petitioner herein and stayed with her mother. (2)The learned counsel for the petitioner would submit that on receipt of the information that his wife / detenue herein, is not with her mother, went to the house of his mother-in-law on 07.10.2020 and having found that his wife is not available and that no proper or sufficient information has been provided as to her whereabouts, had lodged a complaint on the file of the 2nd respondent, who upon receipt of the same, had registered a case in Crime No.3913 of 2020 for ''woman missing''. The https://hcservices.ecourts.gov.in/hcservices/

learned counsel would further submit that alleging inaction on the part of the 2nd respondent to trace and restore the custody of the petitioner's wife - detenue herein to him, came forward to file the present Habaes Corpus Petition.

(3) Per contra, Mr.R.Prathap Kumar, learned Additional Public Prosecutor accepting notice on behalf of the respondents would submit that the investigation was caused in respect of the above said case and the statements of the mother, who has also lodged a complaint as well as the detenue, were recorded and as per the statement of the detenue, it appears to be case of matrimonial discard and as of now, the detenue is living with her mother.

(4)This Court has considered the rival submissions and also perused the materials placed before it.

(5)In the light of the above facts and circumstances, this Court is of the considered view that it cannot be said that the detenue is under the illegal custody of anybody and the remedy open to the petitioner, if any, is to avail the Common Law remedy before the competent Forum.

(6)The Habeas Corpus Petition stands disposed of accordingly. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Commissioner of Police The Commissioner of Police Office Building EVK Sampath Road, Vepery, Chennai 600 007.

2. The Inspector of Police M4, Senkundram Police Station Chennai 52.

3. The Public Prosecutor High Court, Madras.

HCP.No.2019/2020 SS(CO) RV(01/12/2020) https://hcservices.ecourts.gov.in/hcservices/