K.Saranya v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.10.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN H.C.P.No.1913 of 2022 K.Saranya W/o.Aridhoss ... Petitioner Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, No.18, Pudukuppam New Street, Meenakshi Nagar, Pudukuppam, Cuddalore - 607 001.
2.The Inspector of Police, Karuvepilankurichi Police Station, Cuddalore District - 607 110.
... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the petitioner's husband Sri Aridhoss s/o.Dhanathipathi, aged about 24 years, from the custody of her in-laws family before this Court and set him at liberty. For Petitioner :
Mr.K.Jayabalan 1/5
For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor *****
O R D E R
[Made by P.N.PRAKASH, J.] It is the case of the petitioner that she fell in love with Sri Aridhoss, had sex with him, conceived and aborted. It is her further case that she got married to Sri Aridhoss on 11.07.2021 and after marriage, his whereabouts are not known. On these allegations, this Habeas Corpus Petition was filed.
2. On 27.09.2022, we passed the following order: "Today, P.Sametha (Mobile No.80722 06271), SubInspector of Police, Karuvepilankurichi Police Station, Cuddalore District, is present.
2. It is the case of the petitioner that she got married to Aridhoss on 11.07.2021 and two months after marriage, he went missing and thereafter, his whereabouts are not known. Several complaints to the police have gone in vain.
3. The learned Additional Public Prosecutor submitted that the petitioner had gone to various police stations like Vridhachalam All Women Police Station, Vridhachalam Police Station (L & O), etc. to given complaint.
4. We direct the petitioner to go in person and lodge a detailed complaint to the second respondent/police and on such complaint being lodged, the second respondent/police is directed 2/5
to register an FIR for 'man missing' and report before this Court on 11.10.2022.
Post the matter on 11.10.2022."
3. Today, Mr.C.Venu, Special Sub-Inspector of Police, Karuveppilankurichi Police Station [Mobile No.94981 54916], is present.
4. On instructions, learned Additional Public Prosecutor submitted that as directed by this Court, on a complaint given by the petitioner, a case in Karuveppilankurichi P.S. Crime No.593 of 2022 was registered on 29.09.2022 for "man missing" and during the course of investigation, it came to light that Sri Aridhoss is in constant touch with his parents and he also attended the marriage of petitioner's sister. In such view of the matter, it cannot be stated that Sri Aridhoss is in the illegal custody of anyone for issuance of a writ of habeas corpus.
Accordingly, this Habeas Corpus Petition is closed with a direction to the Inspector of Police, Karuveppilankurichi Police Station, to proceed with 3/5
the investigation in Crime No.593 of 2022. As and when the detenu is secured, he shall be produced before the Judicial Magistrate II, Virudhachalam, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders. [PNP, J.] [TKR, J.] 11.10.2022 Index: Yes/No gm To 1.The Judicial Magistrate II, Virudhachalam.
2.The Superintendent of Police, Office of the Superintendent of Police, No.18, Pudukuppam New Street, Meenakshi Nagar, Pudukuppam, Cuddalore - 607 001.
3.The Inspector of Police, Karuvepilankurichi Police Station, Cuddalore District - 607 110.
4.The Public Prosecutor, High Court, Madras.
P.N.PRAKASH, J.
and RMT. TEEKAA RAMAN, J.
4/5
gm H.C.P.No.1913 of 2022 11.10.2022 5/5