R.Murthy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.12.2018 CORAM :

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MS. JUSTICE P.T.ASHA HCP No.2964/2018 R.Murthy ..Petitioner

Versus

1. The Superintendent of Police Nagapattinam, Nagapattinam District.

2. The Inspector of Police Velippalayam Police Station Nagappattinam District.

3.R.Karthi ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the corpus of the detenu M.Hemamalini D/o.R.Murthy, aged about 23 years before this Court and set her at liberty.

For Petitioner : Mr.Elangovan.V.

For RR 1 & 2 : Mr.C.Raghavan, GA[Crl.Side] O R D E R (Order of the Court was made by S.VAIDYANATHAN, J.) The above petition has been filed by the petitioner, seeking production of his daughter, the detenue herein, viz., Hemamalini, aged about 23 years, who is said to be in the illegal custody of the 3rd respondent herein and to set her at liberty.

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2.The learned Government Advocate [Crl.Side], accepting notice on behalf of the respondents 1 and 2 would submit that the detenue along with the 3rd respondent herein, had appeared before the Court of Judicial Magistrate No.II, Nagapattinam, who in turn, were directed to appear before the 2nd respondent Police and in pursuant to the said direction, both the detenue and the 3rd respondent appeared before the 2nd respondent police and the detenue gave a statement that she married the 3rd respondent on 14.12.2018 in a Mariamman Temple at Sellur and that she is residing in her matrimonial home. She also expressed her willingness to go along with her husband, the 3rd respondent herein. The said statement of the detenue was reduced to writing by the 2nd respondent/Inspector on 21.12.2018. The learned Government Advocate [Crl. Side] also produced a copy of the Requisition Report of the 2nd respondent Police before this Court.

3.In the view of the same, the present Habeas Corpus Petition is not maintainable and the same is liable to be dismissed. Accordingly, the Habeas Corpus Petition is dismissed as not maintainable.

AP Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police Nagapattinam, Nagapattinam District.

2. The Inspector of Police Velippalayam Police Station Nagappattinam District.

3. The Public Prosecutor High Court, Madras.

+1cc to M/s.S.Doraisamy,Advocate, SR.NO.90082 HCP No.2964/2018 kak(09/01/2019) https://hcservices.ecourts.gov.in/hcservices/