Vaidheki v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Ms. Justice R.N.MANJULA H.C.P.No.2190 of 2021 Vaidheki
...Petitioner
Vs.
1.The Superintendent of Police, Chengalpet District, Chengalpet.
2.State represented by The Inspector of Police, Mamallapuram Police Station, Chengalpet District.
3.Kalaivani
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1st and 2nd respondents to produce the petitioner's son-in-law named R.Balaji, aged 44 years and her daughter named B.Chitra, aged 42 years, before this Court from the illegal custody of the 3rd respondent and set them at liberty forthwith. For Petitioner : Mr.M.Rajendran For RR 1 and 2 : Mr.R.Muniyapparaj Addl. Public Prosecutor
ORDER
[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the 1st and 2nd respondents to produce the petitioner's son-in-law viz., R.Balaji, aged 44 years and her daughter viz., B.Chitra, aged 42 years, before this Court from the illegal custody of the third respondent and set them at liberty forthwith.
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2.
It is the case of the petitioner that her daughter Chitra, aged about 42 years and son-in-law Balaji, aged about 44 years, had financial dealings with the third respondent and that the third respondent is keeping them in wrongful confinement.
3.
In our considered opinion, the easiest remedy available for the petitioner is to approach the jurisdictional Magistrate under Section 97 Cr.P.C. for the issuance of search warrant by the local police to secure her daughter and son-inlaw. With the above observation, this habeas corpus petition stands closed.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar nsd To 1.The Superintendent of Police, Chengalpet District, Chengalpet.
2.The Inspector of Police, Mamallapuram Police Station, Chengalpet District.
3.The Public Prosecutor, Madras High Court, Chennai - 600 104.
+1 CC to Mr.M.Rajendran, Advocate sr 715 H.C.P.No.2190 of 2021 GJ(CO) SP(25/01/2022) https://hcservices.ecourts.gov.in/hcservices/