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Madras High CourtHCP/307/2016allowed

Ganesan @ Burma Ganesan v. The State Of Tamil Nadu

2016-09-22Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.04.2017

CORAM

THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.307 of 2017 Deepak Mani

...Petitioner

Vs 1.The Commissioner of Police, Commissioner Office, Coimbatore District

2. State rep by The Inspector of Police, Saravanampatty Police Station, Coimbatore District

3. Yadhu Krishnan .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue an Order, direction or writ in the nature of a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the detenue Suganya Female, 23 years, Wife before this Court and set her at liberty.

For Petitioner :

Mr.A. Saranraj For R.1 & R.2 :

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

ORDER

(Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the husband of one Mrs.Suganya, aged about 23 years. She has been found missing from 26.02.2017 onwards. A case has also been registered in Cr.No.75 of 2017. Since Mrs.Suganya has not been secured, the petitioner has come up with this habeas corpus petition.

2. Today, when the matter has been taken up for hearing, the learned Additional Public Prosecutor submitted that Mrs.Suganya has eloped with the third respondent and there is no illegal detention. 3.

The above statement is recorded. Since we find that there is no illegal confinement and it is only a case of elopement, no relief could be granted to the petitioner. Hence this Habeas Corpus Petition is dismissed, with a direction to the respondent police to continue the investigation.

(S.N.J.,) (A.S.M.J.,) 21-04-2017 sr Speaking Order/Non-speaking Order Index:yes/no website:yes/no

To 1.The Commissioner of Police, Commissioner Office, Coimbatore District

2. State rep by The Inspector of Police, Saravanampatty Police Station, Coimbatore District

3. The Public Prosecutor, High Court, Chennai

S. NAGAMUTHU,J., AND Dr.ANITA SUMANTH,J., sr HCP No.307 of 2017 21-04-2017 http://www.judis.nic.in