B.Jameel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN B.Jameel S/o.Babu .. Petitioner Vs.

1.State represented by The Superintendent of Police (South), O/o.The Superintendent of Police, Puducherry - 605 110.

2.The Inspector of Police, Ariyankuppam Police Station, Ariyankuppam, Puducherry - 605 007.

3.J.Mohamed Ali Jawahar S/o.Jinna Sahib 4.Raheem S/o.J.Mohamed Ali Jawahar 5.Abusaaliha, D/o.J.Mohamed Ali Jawahar .. Respondents 1/4

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents herein to produce the petitioner's wife, namely, Balquees, aged about 32 years and his minor female daughter, namely, Sara, aged about 4 years, before this Court from the custody of respondents 3 to 5 and set them at liberty forthwith.

For Petitioner : Mr.S.Vijayakumar For Respondents : Mr.V.Balamurugane Public Prosecutor [P] - [R1 & R2] *****

O R D E R

[Made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents herein to produce the petitioner's wife, namely, Balquees, aged about 32 years and his minor female daughter, namely, Sara, aged about 4 years, before this Court from the custody of respondents 3 to 5 and set them at liberty forthwith.

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2. It is the case of the petitioner that he got married to Balquees on 14.05.2017 and through the wedlock, she has a daughter Sara, who was born on 28.07.2018. According to the petitioner, he got separated from his wife on account of some disputes in October 2020 and now that he does not know the whereabouts of his wife and daughter. He also stated that he gave a complaint dated 25.10.2022 to the police and that police have not taken any action thereon. On these allegations, the present petition has been filed.

3. On instructions, Mr.V.Balamurugane, learned Public Prosecutor (Puducherry), produced a report dated 29.10.2022 submitted by the Station House Officer, Ariyankuppam Police Station, to the Superintendent of Police (South), Puducherry, wherein on the complaint given by the petitioner, an enquiry was conducted, which revealed that the petitioner's wife has gone to Kuwait on employment as housemaid and that she is not willing to join the petitioner. A copy of the report dated 29.10.2022 has also been furnished to the learned counsel for the petitioner across the bar. 3/4

P.N.PRAKASH, J and RMT. TEEKAA RAMAN, J gm

4. In such view of the matter, it cannot be stated that the petitioner's wife and daughter are in the illegal custody of the respondents for issuance of a writ of habeas corpus.

Accordingly, this Habeas Corpus Petition is closed. [PNP, J.] [TKR, J.] 14.11.2022 Index: Yes/No gm To 1.The Superintendent of Police (South), O/o.The Superintendent of Police, Puducherry - 605 110.

2.The Inspector of Police, Ariyankuppam Police Station, Ariyankuppam, Puducherry - 605 007.

3.The Public Prosecutor, Puducherry.

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