C.S.Hameed, Aged 30 Years v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.2154 of 2016 C.S. Hameed

...Petitioner

Vs.

1.Superintendent of Police Villupuram, Villupuram District.

2.State represented by Station House Officer Kottakuppam Police Station Villupuram District.

..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the respondent police to produce the wife of the petitioner, namely, Tmt. K.Raihana Jasmine, before this Court and to set her at liberty.

For Petitioner : M/s.B. Balavijayan For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor - - - -

ORDER

[Order of the Court was made by S. BASKARAN, J] The petitioner has come forward with this petition stating that he had married the detenue, on 4.1.2015 and he went abroad on 31.1.2015. Again, he came back to India on 2.9.2015 and left for abroad on 28.9.2015. He used to talk with his wife regularly. However, since January 2016, his wife was not making phone calls frequently and she was avoiding him. During the month of June 2016, she was wanted to go to her parent's house and despite his refusal, she left the matrimonial home. On enquiry, he came to know that she did not go to her parent's house. Hence, a complaint was lodged before the second respondent police, on 17.7.2016 and the same was registered in Cr.No.466 of 2016 on the file of the second respondent police. Since no effective steps had been taken by the police, this Habeas Corpus petition has been filed.

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2. When the matter was taken up for hearing, the learned Additional Public Prosecutor has filed a status report stating that on receipt of the complaint, the second respondent had taken up the case for investigation and examined the witnesses and recorded their statements. According to him, the first respondent police has taken all effective steps to trace the detenu and the case is still under investigation.

3. It is apparent from the status report that the second respondent is effectively investigating the case on hand. In such circumstances, we are of the view that no further orders are necessary. However, the respondents are directed to continue the investigation and take necessary action in accordance with law.

In view of the above , this Habeas Corpus Petition stands closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The Superintendent of Police Villupuram, Villupuram District.

2.The Station House Officer Kottakuppam Police Station Villupuram District.

3.The Public Prosecutor, High Court, Madras.

mg(co) krd 19/12 H.C.P.No.2154 of 2016 https://hcservices.ecourts.gov.in/hcservices/