M.Asokan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2016
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.859 of 2016 M.Asokan ..Petitioner vs.
1.The Superintendent of Police, Vellore District, Vellore.
2.The Deputy Superintendent of Police, Ambur Sub Division, Ambur, Vellore District.
3.The State rep. By The Inspector of Police, Melpathy Police Station, Ambur, Vellore District.
4.A.Saravanan ..Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents to secure the detenue from illegal custody of the fourth respondent and thereby the petitioner's wife and produce body of Anbarasi, aged about 29 years, before this Court and hand over to the petitioner's custody and set her at liberty.
For Petitioner :
Mr.R.Chandrasekaran For Respondents :
Mr.V.M.R.Rajentren Additional Public Prosecutor
ORDER
[Order of the Court was made by M.JAICHANDREN, J.] This Habeas Corpus Petition has been filed, praying that this Court, may be pleased to direct the respondents, to secure the detenue, from illegal custody of the fourth respondent, and thereby the petitioner's wife and produce the body of Anbarasi, aged about 29 years, before this Court and hand over custody of the detenue to the petitioner and set her at liberty. 2.The petitioner, who is the husband of the detenue, has stated that he had married the detenue, on 24.06.2009, and that she has been working, as a Staff Nurse ,in the Maratipalayam Primary Health Centre, Vellore District. While so, she had gone missing. Therefore, the petitioner had lodged a complaint, on 27.09.2015, before the third respondent police. Thereafter, the detenue had been secured and produced before the learned Judicial Magistrate, Gudiyatham, Vellore District. 3.It has been further stated that again, on 13.01.2016, the detenue had gone missing. It is suspected that the fourth respondent had abducted the detenue and he is keeping her in illegal custody.
4.In such circumstances, the petitioner has lodged a complaint, before the second respondent, on 15.01.2016. Since, the third respondent had not taken any effective steps, to trace the detenue, the petitioner has preferred the present Habeas Corpus Petition.
5.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3 had submitted that all necessary steps would be taken to secure the detenue, based on the complaint of the petitioner, dated 15.01.2016. 6.In view of the said statement made by the learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, we are of the view that no further order is necessary in the present Habeas Corpus Petition. Hence, the Habeas Corpus Petition stands closed.
jbm Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.The Superintendent of Police, Vellore District, Vellore.
2.The Deputy Superintendent of Police, Ambur Sub Division, Ambur, Vellore District.
3.The State rep. By The Inspector of Police, Melpathy Police Station, Ambur, Vellore District.
4.The Public Prosecutor, High Court, Madras.
+ 1 cc to Mr.R.Chandrasekaran, Advocate Sr 26542 KR/12/7/16 H.C.P.No.859 of 2016