Selvaraj v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.11.2021

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs.JUSTICE R.HEMALATHA H.C.P.No.1924 of 2021 Selvaraj .. Petitioner Vs.

1. The Superintendent of Police Nagapattinam District - 611 001.

2. The State rep. by The Inspector of Police Velankanni Police Station Nagapattinam District - 611 001.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the respondent police to forthwith produce petitioner's wife Selvi aged about 47 years before this Hon'ble Court and set her at liberty.

For Petitioner :

Mr.AR.Karthiklakshmanan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that his wife Selvi, aged about 47 years went missing from 16.09.2021 and that the police are not taking effective steps to secure her.

2. It is also the case of the petitioner that, on a complaint given by the petitioner, a case in Velankanni Police

Station Crime No.579 of 2021, has been registered for 'woman missing' on 04.10.2021 and that the petitioner received a legal notice dated 05.10.2021, purported to have been sent by his wife through Mr.B.Satheeshkumar, Advocate, stating that on account of cruelty inflicted on her by the petitioner (husband), she has left his company and she is living in her relative's house in Vadipatti, Madurai District. In the said notice, it is also stated that she is taking steps to file an application for divorce. However, it is the grievance of the petitioner that even in the Advocate notice dated 05.10.2021, the address of Selvi has not been furnished.

3. In view of the above, this Habeas Corpus Petition stands closed with a direction to the Deputy Superintendent of Police, Nagapattinam Sub-Division to supervise the investigation in Velankanni Police Station Crime No.579 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue viz., Selvi is secured, she shall be produced before the Judicial Magistrate No.I, Nagapattinam, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody of the detenue.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mtl To

1. The Judicial Magistrate No.I, Nagapattinam.

2. The Superintendent of Police Nagapattinam District - 611 001.

3. The Deputy Superintendent of Police Nagapattinam Sub-Division.

4. The State rep. by The Inspector of Police Velankanni Police Station Nagapattinam District - 611 001.

5. The Public Prosecutor High Court, Madras +1cc to M/s.AL.Ganthimathi, Advocate, S.R.No.67065 H.C.P.No.1924 of 2021 SSV(CO) SU(07/12/2021)