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Madras High CourtHCP/1227/2016dismissed

P. Sasikumar, v. The Commissioner Of Police,

2016-07-22Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.7.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1227 of 2016 Sasi Kumar ..... Petitioner Vs

1. The Commissioner of Police, Chennai District.

2. The Inspector of Police, K2, Police Station, Ayanavaram, Chennai.

3. G.Venkatesan 4.V.Selvi

5. Kumaresan ..... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents 1 and 2 to produce the person and body of the petitioner's wife detenue V.Rajeshwari aged about 24 years before this Court and hand over her custody to the petitioner herein.

For Petitioner :

Mr.Uday Kumar For R1 & R2 :

Mr.V.M.R.Rajentren Additional Public Prosecutor

ORDER

(Order of the Court was made by V.BHARATHIDASAN, J.) The petitioner claims to be the husband of one V.Rajeshwari aged about 24 years. According to the petitioner, the marriage between the petitioner and Rajeshwari took place on 12.02.2016. https://hcservices.ecourts.gov.in/hcservices/

Subsequently, the detenue is not willing to live with the petitioner. From 06.04.2016, she was found missing and suspecting the 5th respondent, the petitioner gave a complaint to the 2nd respondent police on 07.04.2016. Despite the fact, the respondent police did not take any action to secure the detenue. Hence, the petitioner has come up with this Habeas Corpus Petition.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. The learned Additional Public Prosecutor would submit that the detenue has eloped with the 5th respondent and now, she is living with him.

4. In the circumstances, we find there is no illegal detention as alleged by the petitioner. Therefore, this petition is dismissed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kua To

1. The Commissioner of Police, Chennai District.

2. The Inspector of Police, K2, Police Station, Ayanavaram, Chennai.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.1227 of 2016 rsy co, kra 05.08.2016 https://hcservices.ecourts.gov.in/hcservices/