P.Mani v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2023 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH H.C.P.No.2541 of 2022 P.Mani S/o.Panajalan .. Petitioner Vs.

1.The Superintendent of Police, Thiruvallur District.

2.The State represented by Inspector of Police, D3, Kanakamma Chatram Police Station, Thiruvallur District.

3.S.Rakesh S/o.Ramesh .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the second respondent to secure and produce the petitioner's wife Charulatha W/o.P.Mani, who is under the illegal custody of the third respondent herein before this Court and set her at liberty forthwith.

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For Petitioner :

Mr.M.Aswin For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

ORDER

[Made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the second respondent to produce the petitioner's wife Charulatha W/o.P.Mani, who is under the illegal custody of the third respondent herein, before this Court and set her at liberty forthwith.

2. It is the case of the petitioner that his wife Charulatha, aged 19 years, went missing from 15.11.2022 and that she is in the illegal custody of the third respondent.

3. Today, Mr.S.Arumugam, Special Sub-Inspector of Police, D-3 Kanagamachatram Police Station, [Mobile No.73589 44645], is present.

4. On instructions, the learned Additional Public Prosecutor submitted that 2/4

on a complaint given by the petitioner, a case in Kanakammachatram P.S.Crime No.333 of 2022 has been registered for 'woman missing' on 15.11.2022 and during the course of investigation, it came to light that Charulatha developed intimacy with the third respondent and had eloped with him. In the aforestated circumstances, this Habeas Corpus Petition is closed with a direction to the Deputy Superintendent of Police, Tiruttani, to supervise the investigation in Kanakammachatram P.S.Crime No.333 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Charulatha, is secured, she shall be produced before the Judicial Magistrate II, Tiruttani, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders.

[P.N.P., J] [N.A.V., J] 03.01.2023 Index: Yes/No gm/ssr P.N.PRAKASH, J and 3/4

N.ANAND VENKATESH, J gm/ssr To 1.The Judicial Magistrate II, Tiruttani.

2.The Superintendent of Police, Thiruvallur District.

3.The Deputy Superintendent of Police, Tiruttani.

4.The Inspector of Police, D3, Kanakamma Chatram Police Station, Thiruvallur District.

5.The Public Prosecutor, High Court, Madras.

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