Khader Meera v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM H.C.P.No.1774 of 2024 Khader Meera ... Petitioner Vs.

1. The State Rep. by The Superintendent Of Police, O/O. Superintendent Of Police Office, Cuddalore District.

2. The Inspector Of Police, Virudhachalam Police Station, Cuddalore District.

3. Jait Singh ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the petitioner's wife namely Manisha Kumar @ Khashifa who is aged about 23 years before this Hon'ble Court and set her at Liberty.

For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of Habeas Corpus has been instituted to direct the respondents 1 and 2 to produce the petitioner's wife namely Manisha Kumar @ Khashifa who is aged about 23 years.

2. The petitioner states that he married the detenue and thereafter the 3rd respondent, who is the father of the detenue, forcefully took the detenue to his residence. Admittedly, the 3rd respondent is the father of the detenue.

3. The learned Public Prosecutor, on instructions from the Police authorities, made a submission that the Inspector of Police, Vridhachalam Police Station has received a letter dated 01.08.2024, attested by Notary Jalore, stating that the detenue the Manisha Kumari, D/o. Jait Singh, got

married and now residing happily at Rajasthan. The letter was sent to the Inspector of Police through registered post. The police enquired the 3rd respondent, who in turn also confirmed that the detenue married another boy and settled at Rajasthan along with her in-laws family. The photographs produced by the leanred Public Prosecutor would also reveal that the detenue is now staying along with her husband and in-laws in the State of Rajasthan.

4. Considering the above observations, we are of the considered opinion that the detenue is not in an illegal detention. Thus, the Habeaus Corpus Petition is not entertainable and consequently, the Habeaus Corpus Petition stands dismissed.

[S.M.S., J.] [V.S.G., J.] 09.08.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No Sha

To

1. The State Rep. by The Superintendent Of Police, O/O. Superintendent Of Police Office, Cuddalore District.

2. The Inspector Of Police, Virudhachalam Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

Sha H.C.P.No.1774 of 2024 09.08.2024