Dhilip Kumar v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA H.C.P.No.1875 of 2021 Dhilip Kumar ... Petitioner Vs.

1.The Superintendent of Police, Vellore District.

2.The Deputy Superintendent of Police, Gudiyatham Sub-Division, Vellore District.

3.The Inspector of Police, Melpatti Police Station, Vellore District.

4.The Sub-Inspector of Police, Melpatti Police Station, Vellore District.

5.Sathishkumar ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus direct the respondents 1 to 4 to produce the person and body of the petitioner's wife Manju @ Kavitha, aged about 20 years, from the illegal custody of the 5th respondent, before this Court and set her at liberty. For Petitioner : M/s.Karan and Uday For RR 1 to 4 : 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 1 to 4 to produce the person and body of the petitioner's wife Manju @ Kavitha, aged about 20 years, from the illegal custody of the 5th respondent, before this Court and set her at liberty.

2.

It is the case of the petitioner that his wife Manju @ Kavitha, aged about 20 years, went missing from 23.10.2021 and that the police are not taking effective steps to secure her. 3.

Today, K.Kamaraj (Mobile No.94981 49485), Head Constable 1329, Melpatti Police Station, Vellore District, is present.

4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Melpatti Police Station Crime No.171 of 2021 has been registered on 25.10.2021 for 'woman missing' and during the course of investigation, it came to light that Manju @ Kavitha has eloped with Sathishkumar, fifth respondent herein. Recording the same, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Gudiyatham Sub-Division, to supervise the investigation in Melpatti Police Station Crime No.171 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Manju @ Kavitha, aged about 20 years, is secured, she shall be produced before the Judicial Magistrate Court, Gudiyatham, Vellore, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

nsd To 1.The Judicial Magistrate, Gudiyatham, Vellore.

2.The Superintendent of Police, Vellore District.

3.The Deputy Superintendent of Police, Gudiyatham Sub-Division, Vellore District.

4.The Inspector of Police, Melpatti Police Station, Vellore District.

5.The Sub-Inspector of Police, Melpatti Police Station, Vellore District.

6.The Public Prosecutor, High Court, Madras.

+1cc to M/s.Karan and Uday, Advocate Sr.60860 H.C.P.No.1875 of 2021 sj[co] srg 02/12/2021