Mahalakshmi v. The Inspector Of Police

H.C.P.(MD) No.218 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.218 of 2021 Mahalakshmi ... Petitioner -vsThe Inspector of Police Tirumangulam Taluk Police Station Madurai District (Crime No.1543 of 2020) ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondent to produce the body or person of the detenue namely Selvam, (petitioner's husband) aged about 31 years, son of Eswaran, before this Court and consequently, to set the detenue at him liberty. For Petitioner : Mr.Jeyakarthik.M.S.

For Respondent : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondent Police to produce her husband, namely, Selvam, son of Eswaran, aged about 31 years, before this Court and set him at liberty.

2. The petitioner would state that she married the detenu in the year 2015 and during the lawful wedlock, they were blessed with two male children and they are now aged about five years and two years respectively. It is alleged by the petitioner that four years back, the detenu pledged her jewels weighing 22.5 Sovereigns in Muthoot Finance for purchasing a property and it was redeemed in the month of July, 2020. Subsequently, her husband was found missing from 14.12.2020 and hence, the petitioner lodged a complaint with the respondent Police and the same was registered in Crime No.1543 of 2020 under "Man Missing". Since no action was taken, the present habeas corpus petition.

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H.C.P.(MD) No.218 of 2021

3. When the matter is taken up for hearing, the petitioner as well as her husband / detenu herein appeared before this Court through Video Conferencing from the Office of the Public Prosecutor. On enquiry, the detenu stated he has joined with his wife / petitioner herein.

4. In the light of the above statement, we are of the view that the relief sought for in this habeas corpus petition has become infructuous. Accordingly, the habeas corpus petition is dismissed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Inspector of Police, Tirumangulam Taluk Police Station, Madurai District.

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

+1 CC to Mr.M.S.JEYAKARTHIK, Advocate ( SR-4701[F] dated 12/02/2021 ) H.C.P.(MD) No.218 of 2021 11.02.2021 (KUN) KV(24.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ ___________