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Madras High CourtHCP/1407/2016dismissed

R.Palanivel Raja v. The Inspector Of Police

2016-07-13Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.7.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1407 of 2016 R.Palanivel Raja ..... Petitioner Vs The Inspector of Police, All Women Police Station, Poonthamalee .... Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondent to produce the body of the person of the detenue, my wife Tamilselvi, who is aged about 34 years and son Jawahar, who is aged about 8 years before this Court.

For Petitioner :

No appearance For Respondent :

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

ORDER

(Order of the Court was made by V.BHARATHIDASAN J.) The petitioner is the husband of one Tamilselvi, aged about 34 years and father of one P.Jawahar, aged about 8 years. Alleging that his wife and his son were missing from 13.06.2016, he made a complaint to the respondent police on 15.6.2016 and the complaint was assigned C.S.R.No.271 of 2016. Since no steps have been taken to secure the detenues, the petitioner has come up with this Habeas Corpus Petition.

2. When the matter is taken up for hearing, there was no representation for the petitioner. We have heard the learned Additional Public Prosecutor appearing for the respondent.

3. A perusal of the copy of the complaint given by the petitioner dated 15.6.2016 shows that the detenue is staying with her mother in her parental home. Therefore, even as per the complaint, there is no illegal detention as alleged by the petitioner.

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4. In our considered view, there is no scope for any order as prayed for. Hence, the petition is dismissed. kua s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, All Women Police Station, Poonthamalee.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.Jaikumar, Advocate SR 39847 kgk(co) prk2/8 H.C.P.No.1407 of 2016 https://hcservices.ecourts.gov.in/hcservices/