N. Nisha, v. The State Rep. By Its The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.1260 of 2016 N. Nisha ... Petitioner Vs.

1.The State represented by the District Superintendent of Police Thiruvannamalai Thiruvannamalai District.

2.The Inspector of Police Dhoosi Police Station Dhoosi Thiruvannamalai District.

3.The Inspector of Police Central Bureau of Investigation Chennai.

(Third respondent is impleaded as per the order, dated 8.8.2016 in Crl.M.P.No.8304 of 2016 in H.C.P.No.1260 of 2016).

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's missing husband, namely, N. Nehru, aged about 35 years, before this Court. For Petitioner : M/s.C.D. Johnson For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor

ORDER

[Order of the Court was made by S. BASKARAN, J. ] On being mentioned, this matter is listed today, by a special list.

The petitioner, who is the wife of the detenue, has come forward with this Habeas Corpus Petition, seeking a direction to the second respondent to produce the detenu, namely, N. Nehru, aged about 35 years, before this Court.

2. According to the petitioner, the detenu is working as Constable in the Central Reserve Police Force in Jammu and Kashmir. On leave, he had left the place of work on 25.2.2016, for his native. Thereafter, as there was no communication from the detenu, she had lodged a complaint before the second respondent, however, as they refused to register the complaint, she has come forward with this present petition.

3. When the matter was taken up for hearing, the detenu was produced by the second respondent police, before this Court.

4. On enquiry, the detenu had stated that as he had missed his baggage at Delhi Railway Station, he could not reach his native in time. However, he has somehow managed to reach Chennai, yesterday.

5. He had also expressed his desire to go along with the petitioner, who is his wife. He has stated that as he had lost everything, he could not contact his wife and that was the reason for the communication gap.

6. The petitioner, who is the wife of the detenu, had also expressed her desire to take the detenu to her house.

7. In such circumstances, the detenu is permitted to go along with the petitioner, who is his wife, as per his wish. In view of the above, no further orders are necessary in this petition. Hence, the Habeas Corpus Petition stands closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rnb

To 1.The District Superintendent of Police Thiruvannamalai Thiruvannamalai District.

2.The Inspector of Police Dhoosi Police Station Dhoosi Thiruvannamalai District.

3.The Inspector of Police Central Bureau of Investigation Chennai.

4.The Public Prosecutor High Court, Madras.

H.C.P.No.1260 of 2016 EV(CO) CA(25/11/2016)