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Madras High CourtHCP(MD)/312/2018closed

Janaki v. The Superintendent Of Police

2018-03-09Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI HCP [MD].No.312 of 2018 Janaki : Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenue namely Veerapandi, S/o.Rajendran, aged about 45 years, before this Court and set him at liberty.

For Petitioner : Mr.S.Karthick Subramanian For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

[Order of the Court was made by S.VIMALA, J] This petition has been filed by wife, seeking direction to the respondents to produce her husband / detenu, namely, Veerapandi, S/o.Rajendran, aged about 45 years, before this Court and set him at liberty.

2.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records carefully.

3.On perusal of the records would go to show that it is not happening for a first time. The couple were married long back in the year 1999. During 2012, the husband was missing and thereafter, on the intervention of the respondent police, he was secured. Hence, https://hcservices.ecourts.gov.in/hcservices/

the act of the detenu indicates that he is not willing to live with the petitioner. Hence, the remedy of the petitioner is before the matrimonial Court and not before this Court.

4.With the above observation, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

2.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District.

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

Rj2 RL/4C/2P/KK/SAR1/23/3/2018 ORDER MADE IN HCP [MD].No.312 of 2018 09.03.2018 https://hcservices.ecourts.gov.in/hcservices/