K.Mohan v. The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Ms. Justice R.N.MANJULA H.C.P.No.1471 of 2021 K.Mohan ... Petitioner Vs.
1.The Deputy Superintendent of Police, Chengalpattu District, Chengalpattu.
2.The Inspector of Police, T-1, Chengalpattu Town Police Station, ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus direct the 2nd respondent police herein to produce the petitioner's wife Jayabharathi, aged about 27 years and his minor daughter named Ridhika, aged about 5 years, both last resided at No.100C, Railway Quarters, Chengalpattu, before this Court and set them at liberty. For Petitioner : Mr.S.Kartik For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor
ORDER
[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 2nd respondent/police to produce the petitioner's wife Jayabharathi, aged about 27 years and minor daughter Ridhika, aged about 5 years, before this Court and set them at liberty. 2.
It is the case of the petitioner that he got married to Jayabharathi and through the marriage, he has a child Ridhika, who is now aged about 5 years.
3.
According to the petitioner, after marriage, he was living with his family in Bengaluru and he was in finance
business; due to COVID-19 pandemic, he lost heavily in his business and so, he shifted his family from Bengaluru and started living in the house of his mother-in-law. 4.
While that being so, his wife Jayabharathi went missing along with his daughter Ridhika on 11.10.2020 and thereafter, their whereabouts are not known.
5.
It is the grievance of the petitioner that the police are not taking effective steps to secure his wife and daughter.
6.
On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by Vijayalakshmi, the petitioner's mother-in-law, a case in Chengalpattu Town Police Station Crime No.3931 of 2020 for 'woman missing' was registered on 11.10.2020 and during the course of enquiry, it came to light that Jayabharathi has eloped with one Gowthaman. In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Chengalpattu, to supervise the investigation in Chengalpattu Town Police Station Crime No.3931 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenues Jayabharathi, aged about 27 years and Ridhika, aged about 5 years, are secured, they shall be produced before the Additional Mahila Court (Magistraterial Level), Chengalpattu, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar nsd To 1.The Additional Mahila Judge, (Magisterial Level), 2.The Deputy Superintendent of Police,
3.The Inspector of Police, T-1, Chengalpattu Town Police Station, 4.The Public Prosecutor, Madras High Court, Chennai - 600 104.
H.C.P.No.1471 of 2021 SV I(CO) B.VC (06/10/2021)