Sheik Abdhullaq v. The Superintendent Of Police

H.C.P.(MD) No.39 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.39 of 2022 Sheik Abdhullaq ... Petitioner Vs.

State rep. by 1.The Superintendent of Police, Dindigul District.

Dindigul.

2.The Inspector of Police, Natham Police Station, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents to produce the person or body of the detenue namely Shegu Beevi, W/o.Sheik Abdhullaq, aged about 28 years before this Court and set her at liberty.

For Petitioner : Mr.K.Kannan For Respondents : Mr.S.Ravi Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of his wife namely, Shegu Beevi, who is aged about 28 years.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The learned Additional Public Prosecutor upon instructions, would submit that the alleged detenue had eloped with one Mohammed, who is a resident of the same area i.e., Kilankadu, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.39 of 2022 Karambakudi, Pattukkottai Taluk. Though the said Mohammed is living in abroad, the alleged detenue is said to be living in his native place, as his wife.

4. There being no illegal custody or illegal detention involved, this Habeas Corpus Petition is dismissed, reserving the liberty for the petitioner to move the appropriate Court for restitution of conjugal rights, if he is so advised. Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) rm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendent of Police, Tiruchirapalli District.

Tiruchirapalli.

2.The Inspector of Police, Manachanallur Police Station, Tiruchirapalli, Tiruchirapalli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.ABUTHAHEER, Advocate ( SR-5130[F] dated 09/02/2022 ) H.C.P.(MD) No.39 of 2022 07.02.2022 SRR(CO) TR(10.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2