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Madras High CourtHCP/2326/2017closed

Nagalakshmi, Aged 34 Years, v. The Superintendent Of Police

2019-07-01Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2019

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH AND THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR H.C.P.No.2326 of 2019 Nagalakshmi ..Petitioner/ Wife of the detenue Vs 1.The Superintendent of Police, Nagapattinam District at Nagapattinam.

2.The Inspector of Police, Thirukuvalai Police Station, Nagapattinam District.

..Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the respondents herein to produce the body and person of the detenu by name Ashokan, son of Subramanian and husband of the petitioner herein aged about 40 years before this Court and set him at liberty.

For Petitioner ..

No appearance For Respondents..

Mr.C.Iyyappa Raj, Addl. Public Prosecutor

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the respondents to produce the body and person of the detenu by name Ashokan, son of Subramanian and husband of the petitioner herein aged about 40 years before this Court and set him at liberty, the petitioner has filed the present habeas corpus petition.

2.There is no representation on behalf of the petitioner. 3.This is an offshoot matrimonial discord between the petitioner and the detenu. It appears that the detenu is missing https://hcservices.ecourts.gov.in/hcservices/

for more than two years, as found by the petitioner. 4.Learned Additional Public Prosecutor submitted that despite efforts taken, the detenu could not be traced till now. 5.We are not inclined to keep the petition pending any longer. Hence we direct the respondents to proceed with the investigation. As and when the detenu is secured, he should be produced before the jurisdictional Magistrate. 6.With the above observation and direction, the habeas corpus petition stands closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mmi To 1.The Superintendent of Police, Nagapattinam District at Nagapattinam.

2.The Inspector of Police, Thirukuvalai Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

4.The Secretary to Government, Home and Excise, Prohibition Department, Fort St.George, Chennai-9.

H.C.P.No.2326 of 2017 NMI(CO) RRS(07/08/2019) https://hcservices.ecourts.gov.in/hcservices/