D.Udhaya Kumar v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR
1. D.Udhaya Kumar S/o.A.Dhakshnamoorthy, No.38, 4th Block, 107th Street, Muthamizh Nagar, Kodungaiyur, Chennai - 600 118.
Petitioner(s) Vs
1. The Superintendent of Police Villupuram District, Villupuram.
2.Inspector of Police Kottakuppam Police Station, Villupuram District.
3.V.Krishna S/o.Vijayan, Market Street - North Street, Kuyilapallam, Vanoor Taluk, Auroville - 605 101.
4.ARUNA D/o.Annamalai, No.2-252, Bharathipuram Kottakarai Vanur Taluk Villupuram Tamil Nadu-605111 (R4 is impleaded as per the order dated 14.08.2025 in Crl.MP.No.15634 of 2025 in HCp.No.1387 of 2025) Respondent(s) PRAYER: Habeas Corpus Petition filed under Article 226 of Constitution of India to pass an order or direction or writ or in particular writ of Habeas Corpus directing the 2nd Respondent to produce the petitioner's daughters, namely, Subhiksha aged 8 years and Prathiksha, aged 5 years before this Court from the illegal custody of the 3rd respondent and hand over their custody to the petitioner.
For Petitioner(s):
Mr. K.C.Karl Marx For Respondent(s):
Mr.A.Damodaran, Additional Public Prosecutor For Respondents 1 and 2 No appearance for R3
ORDER
(Order of the Court was made by J.Nisha Banu J.) This Habeas Corpus Petition has been filed seeking direction to the 2nd Respondent to produce the petitioner's daughters, namely, Subhiksha, aged 8 years and Prathiksha, aged 5 years before this Court from the illegal custody of the 3rd respondent and hand over them to the custody of the petitioner.
2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor produced the Status report filed by the Inspector of Police, R1, Kottakuppam Police Station, Villupuram District, wherein, it is stated that the 4th respondent Mrs. Aruna (petitioner's wife) and the third respondent Mr.Krishna @ Dhyalan are not living in the same house and the 4th respondent is living alone with her two daughters.
3. In view of the above, we are of the considered view that there is no illegal and unlawful custody involved in the present case. Accordingly, this Habeas Corpus Petition is dismissed. It is open to the petitioner to work out his remedy before the appropriate forum, if so advised. (J.NISHA BANU J.)(S.SOUNTHAR J.) 25-09-2025 Index:Yes/No Internet:Yes MST
To 1.The Superintendent of Police Villupuram District, Villupuram.
2.Inspector of Police Kottakuppam Police Station, Villupuram District.
3.V.Krishna S/o.Vijayan, Market Street - North Street, Kuyilapallam, Vanoor Taluk, Auroville - 605 101.
4.ARUNA D/o.Annamalai, No.2-252, Bharathipuram Kottakarai Vanur Taluk Villupuram Tamil Nadu-605111
J.NISHA BANU J.
AND S.SOUNTHAR J.
MST 25-09-2025