S.Rajeshwari v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2016 Coram:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.798 of 2016 S.Rajeshwari .. Petitioner vs.

1.The Sub-Inspector of Police Thirunavallur Police Station Villupuram District.

2.Gothandapani 3.Poomadevi .. Respondents Habeas Corpus Petition has been filed for a Writ of Habeas Corpus, to direct the 1st respondent to produce the body or person of the petitioner's husband, namely, Selvamoorthy, who is under the illegal custody of respondents 2 and 3 before this Court and to hand over his custody to the petitioner. For petitioner :Mr.U.Anunitha For respondents :Mr.V.M.R.Rajentren, Addl. Public Prosecutor

O R D E R

(Order of the Court was made by M.JAICHANDREN,J) This Habeas Corpus Petition has been filed, by the wife of the detenu, praying that this Court may be pleased to issue a Writ of Habeas Corpus, to direct the 1st respondent police to produce her husband, namely, Selvamoorthy, before this Court, and to hand over his custody to the petitioner.

2. The petitioner has stated that, she had married the detenu, on 06.11.2014. Thereafter, they have been living together, happily. The detenu had gone to Chennai in search of a job. However, he has been found missing from the month of January, 2016. Therefore, the petitioner had lodged a complaint before the 1st respondent police, on 18.03.2016, and the said complaint was taken on file and assigned C.S.R.No.84 of https://hcservices.ecourts.gov.in/hcservices/

2016. Since, no effective steps had been taken, by the 1st respondent police, to trace the detenu, the petitioner has preferred the present Habeas Corpus Petition, before this Court.

3. Mr.V.M.R.Rajentren, the learned Additional Public Prosecutor appearing on behalf of the 1st respondent, had submitted, on instructions, that the complaint lodged by the petitioner, has been assigned C.S.R.No.84 of 2016 and that a case would be registered, and further steps would be taken to trace the detenu, in accordance with law.

4. In view of the said submissions made by the learned Additional Public Prosecutor appearing on behalf of the 1st respondent police, we are of the view that no further orders are necessary in the present Habeas Corpus Petition. Hence, the present Habeas Corpus Petition stands closed. However, the 1st respondent police shall continue the investigation to trace the detenu and shall take necessary steps, in accordance with law. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Sub-Inspector of Police Thirunavallur Police Station Villupuram District.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/S.U.Anitha, Advocate Sr.24756 H.C.P.No.798 of 2016 ak[co] srg 14/07/2016 https://hcservices.ecourts.gov.in/hcservices/