A.Venkatesh v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.NO.2050 OF 2021 A.Venkatesh .. Petitioner Vs.
1. The Superintendent of Police, Salem, Salem District.
2. State represented by The Inspector of Police, Irumalai Police Station, Salem.
3. Arunkumar .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1st respondent to produce the detenue V.Uma Mageswari, (22 years) W/o.A.Venkatesh, before this Court from the illegal custody of the 3rd respondent and set her at liberty forthwith. For Petitioner : Mr.V.Nithyanandam For Respondents : 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 1st respondent to produce the detenue V.Uma Mageswari, W/o.A.Venkatesh, before this Court from the illegal custody of the 3rd respondent and set her at liberty forthwith.
2.
It is the case of the petitioner that he got married to Uma on 06.12.2019; his wife went missing from 25.11.2021 and that the police are not taking effective steps to secure her. 3.
Today P.Jayakumar (Mobile No.94981 66127), Special SubInspector of Police, D-4, Steel Plant Police Station, Salem City, is present.
4.
On instructions, the learned Additional Public Prosecutor submitted that the petitioner is the husband of Uma Mageswari and after Uma Mageswari went missing, on a complaint given by Ammasi, father of the petitioner, a case in Salem City Steel Plant Police Station Crime No.556 of 2021 was registered for 'woman missing' on 27.11.2021 and during the course of investigation, Uma Maheswari was secured by the police and produced before the Judicial Magistrate Court No.I, Salem, on 10.12.2021; during enquiry by the learned Magistrate, Uma Mageswari stated that she was in love with Arunkumar and she does not want to go with the petitioner; however, she stated that she would get divorce from the petitioner and get married to Arunkumar.
5.
A copy of the order dated 10.12.2021 passed by the learned Magistrate and the statement of Uma Mageswari are furnished to the petitioner across the bar.
6.
In view of the above, it cannot be stated that Uma Mageswari is in the illegal custody of anyone for the issuance of a writ of habeas corpus.
Hence, this habeas corpus petition stands closed with liberty to the petitioner to work out his remedy in the manner known to law.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nsd To
1. The Superintendent of Police, Salem, Salem District.
2. The Inspector of Police, Irumalai Police Station, Salem.
3. The Public Prosecutor, High Court, Madras.
+1cc to M/s.V.Nithyanandam, Advocate, S.R.No.66378 H.C.P.No.2050 of 2021 VSN-II(CO) RLP(29/12/2021)