B.Ramesh v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.03.2016

CORAM

THE HONOURABLE MR. JUSTICE M.JAICHANDREN AND THE HONOURABLE MR. JUSTICE S.NAGAMUTHU HCP No.602/2016 B.Ramesh ..

Petitioner Vs 1.State rep by The Inspector of Police Ambattur Police Station Chennai. [Cr.No.96/2016].

2.Narasimman ..

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus directing the 1st respondent herein to produce the body of the detenue, the petitioner's wife R.Parimala, aged about 32 years, from the illegal custody of the 2nd respondent before this Court and set her at liberty at once.

For Petitioner :

Mr.W.Camyles Gandhi For R1 :

Mr.V.M.R.Rajentran Addl. Public Prosecutor

ORDER

[Judgment of the court was delivered by M.JAICHANDREN, J.,] This Habeas Corpus Petition, has been filed by the petitioner/husband of the detenue, praying that this Court, may be pleased to direct the 1st respondent to produce his wife Parimala, aged about 32 years, who is said to be in the illegal custody of the 2nd respondent herein, before this Court and to set her at liberty.

The petitioner had stated that, his wife, the detenue herein, is in the illegal custody of the 2nd respondent, who is a priest. He had taken the detenue, stating that he will cure https://hcservices.ecourts.gov.in/hcservices/

the mental illness of the detenue. However, as the detenue had not returned, the petitioner had preferred a complaint before the 1st respondent, on 15.02.2016. As the 1st respondent had not taken effective steps to trace the detenue, the petitioner is before this Court with this petition.

Learned Additional Public Prosecutor, accepting notice on behalf of the 1st respondent, had submitted that the complaint lodged by the petitioner had been registered, as a "Woman Missing" case in Cr.No.96/2016 and the 1st respondent is taking all effective and necessary steps to trace the detenue. In view of the submissions made by the learned Additional Public Prosecutor, appearing on behalf of the 1st respondent, we are of the view that no further orders are necessary in this petition.

Hence, the Habeas Corpus Petition stands dismissed. However, the 1st respondent shall continue the investigation, in Cr.NO.96/2016 and take all effective and necessary steps to trace the detenue and to act in accordance with law.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Inspector of Police Ambattur Police Station Chennai.

2.The Public Prosecutor High Court, Madras.

+1 cc to Mr.W.Camyles Gandhi Advocate sr.19550/16 HCP.No.602/2016 aa21/04/2016 https://hcservices.ecourts.gov.in/hcservices/