Soniya v. The Deputy Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R. HEMALATHA H.C.P.No.1849 of 2021 Soniya
...Petitioner
Vs.
1. The Deputy Commissioner of Police, Butt Road, St. Thomas Mount, Chennai 600 016.
2. The Inspector of Police, Selaiyur Police Station, Chengalpet District.
3. Mr. George
4. Mrs. Kanaka Bai
5. Merlin Sharmila
6. Sudhan Bennites
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce petitioner's husband, namely Alen Levin Kumar, aged 35 years, before this Hon'ble Court and set him at liberty from the custody of the respondents 3 to 6 herein. For Petitioner : Mr.V. Rajesh For RR 1 and 2 : Mr.R.Muniyapparaj, Addl. Public Prosecutor
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents to produce the petitioner's husband, namely Alen Levin Kumar, aged 35 years, before this Hon'ble
Court and set him at liberty from the custody of the respondents 3 to 6 herein.
2.
It is the case of the petitioner that she got married to Alen Levin Kumar on 04.06.2018 and through the wedlock, she has a son, who is 21⁄2 years old. It is the grievance of the petitioner that her husband went missing from 09.11.2020 and that his whereabouts are not known.
3. On instructions, the learned Additional Public Prosecutor submitted that, on a complaint given by the petitioner, a case in Selaiyur Police Station Crime No.1194 of 2020 has been registered on 13.11.2020 for "man missing" and during the course of enquiry, it came to light that the petitioner's husband had borrowed money from various persons and he is in abscondence.
4. Recording the same, this habeas corpus petition stands closed with a direction to the Assistant Commissioner of Police, Selaiyur, to supervise the investigation in Selaiyur Police Station Crime No.1194 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenu Alen Levin Kumar, 35 years, is secured, he shall be produced before the Judicial Magistrate No.I, Tambaram, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.
s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar bga To
1. The Judicial Magistrate No.I, Tambaram.
2. The Assistant Commissioner of Police, Selaiyur,
3. The Deputy Commissioner of Police, Butt Road, St. Thomas Mount, Chennai 600 016.
4. The Inspector of Police, Selaiyur Police Station, Chengalpet District.
5. The Public Prosecutor, High Court, Madras.
+1 CC to Mr.V. Rajesh, Advocate sr 59260.
H.C.P.No.1849 of 2021 RGN(CO) SP(30/11/2021)