Nanjundeswaran v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M. NIRMAL KUMAR H.C.P. No. 1880 of 2019 Nanjundeswaran ... Petitioner -vs1.The Director General of Police Tamil Nadu, Chennai 2.The Superintendent of Police Krishnagiri District Krishnagiri.

3.The Inspector of Police HUDCO Police Station Hosur Krishnagiri District 3.Suresh Babu ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the 3rd respondent to produce the petitioner's son-in-law, Vidyaranya aged about 41 years, son of Basavaraju, who is residing at MIG199, Aavalapalli, HUDCO, Basti Road, Hosur, Krishnagiri, who is under illegal custody of 3rd respondent before this court and set him at liberty.

For Petitioner : Mr.R.Bharath Kumar For Respondents 1 to 3 :

Ms.R.Saradha Devi Government Advocate (Crl. Side)

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The matter is taken up for hearing at the instance of the learned counsel for the Petitioner.

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2. The learned Government Advocate (Criminal Side) produced a copy of the complaint registered in FIR.No.312 of 2019 dated 29.08.2019. It is submitted that pursuant to the aforesaid registration of complaint, detenu has been arrested.

3. Though we are not happy with the way in which the respondent Police has proceeded with the matter, inasmuch as FIR has been filed and arrest has been shown, liberty is given to the petitioner to work out his remedy in the manner known to law. We are also constrained to note that even the complaint discloses prima facie a civil dispute.

4. In view of the above observation, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(Insp.cell) //True copy// Sub Assistant Registrar nvsri 1.The Director General of Police Tamil Nadu, Chennai 2.The Superintendent of Police Krishnagiri District Krishnagiri.

3.The Inspector of Police HUDCO Police Station Hosur Krishnagiri District

4. The Additional Prosecutor, High Court, Madras +1cc to Mr.R.Bharath Kumar, Advocate SR.No.75678 H.C.P. No.1880 of 2019 RJI(CO) GMY(18/09/2019) https://hcservices.ecourts.gov.in/hcservices/