Madras High CourtHCP(MD)/111/2018closed

K.Alagarsamy, v. The Superintendent Of Police,

2018-01-29Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI HCP [MD].No.111 of 2018 K.Alagarsamy : Petitioner Vs.

1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, Perungudi Police Station, Madurai District.

3. Meenrajan : Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Habeas Corpus, directing the respondents nos.1 and 2 to produce the petitioner's wife namely Shanmugapriya (detenu) aged about 26 years, W/o.K.Alagarsamy, either in person or body before this Court and thereupon set her liberty from the illegal detention of the third respondent forthwith.

For Petitioner : Mr.J.Jeyakumaran For R1 & R2 : Mr.C.Ramesh Additional Public Prosecutor

ORDER

********* [Order of the Court was made by S.VIMALA, J] The petitioner, who is the husband of the detenu, has moved this petition for a direction to the Respondent Nos.1 and 2 to produce her wife, namely, Shanmugapriya, aged about 26 years, before this Court.

2.According to the petitioner, he married the detenu in the year 2014 and they have no issues. It is alleged that from 21.01.2018, the detenu was found missing. The petitioner searched her at various places and could not trace her. Hence, the petitioner preferred a complaint to the respondent police on 23.01.2018 and since the respondents have not taken any steps, the petitioner is before this Court with this petition. https://hcservices.ecourts.gov.in/hcservices/

3. When the matter was taken up today, the detenu is present before this Court. On enquiry, the detenu would submit that on account of difference of opinion between her husband/petitioner and herself, she left the house. She would further submit that she is not under the illegal custody of the third respondent. Today, the petitioner/husband is also present before this Court and also expressed his acceptance to take back his wife and the detenu/wife is also willing to accompany her husband.

4. Recording the said submission, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, Perungudi Police Station, Madurai District.

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

+1cc to Mr.J.Jeyakumaran, Advocate Sr.No.44471 RMI/RR VB/SKN/RSK/SAR2/13.02.2018/2P/5C ORDER MADE IN HCP .[MD].No.111 of 2018 29.01.2018 https://hcservices.ecourts.gov.in/hcservices/