V.Karthick, M/32 v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE P.VELMURUGAN H.C.P.No.2037 of 2016 V.Karthick .. Petitioner Vs 1.The Superintendent of Police, Tiruvallur District, Tiruvallur.

2.The Inspector of Police, C-2 Periyapalayam Police Station, Periyapalayam, Tiruvallur District.

3.Rudra @ Umapathi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents to produce K.Sabitha @ Indumathi, aged about 27 years, the detenue, before this court and to set her at liberty.

For Petitioner : Mr.N.Easwaran For Respondents : Mr.V.M.R.Rajentren Additional Public Prosecutor for RR1 and 2

ORDER

[Order of the Court was made by M.JAICHANDREN, J. ] Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2. This Habeas Corpus Petition has been filed, praying that this Court may be pleased to issue a direction to the

respondents 1 and 2, to produce K.Sabitha @ Indumathi, wife of the petitioner, aged about 27 years, before this Court and to set her at liberty.

It had been stated that the petitioner is carrying on flower vending business. On 31.3.2007, the petitioner had married the detenue Sabitha @ Indumathi. Two children were born out of the said wedlock. While so, the detenue had met the third respondent, at a Sivan Koil, in the village of the petitioner. He had advised the petitioner and his wife to perform certain poojas to solve their problems. In such circumstances, the third respondent had developed a relationship with the detenue. On 8.8.2016, the detenue had gone missing from the house of the petitioner. Therefore, the petitioner had lodged a complaint before the second respondent and it had been registered, in Crime No.332/2016.

Since no effective steps had been taken by the second respondent in tracing the detenue, the petitioner had preferred the present Habeas Corpus Petition, before this Court. A status report, dated 9.11.2016, had been filed on behalf of the second respondent, wherein the details of the steps being taken to trace the detenu have been stated. From the details given in the status report filed on behalf of the second respondent, we are convinced that the second respondent is taking effective steps to trace the detenue. In such circumstances, we are of the view that no further orders are necessary in the present Habeas Corpus Petition. Hence, the Habeas Corpus Petition stands closed. However, the second respondent is directed to continue the investigation and to take necessary steps to trace the detenue, in accordance with law.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vvk

To 1.The Superintendent of Police, Tiruvallur District, Tiruvallur.

2.The Inspector of Police, C-2 Periyapalayam Police Station, Periyapalayam, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.N.Easwaran Advocate sr 70696 H.C.P.No.2037 of 2016 aa10/01/2017