Madras High CourtHCP(MD)/223/2021dismissed

Sindhu v. The Commissioner Of Police

2021-02-11Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

H.C.P.(MD) No.223 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.223 of 2021 Sindhu ... Petitioner -vs1.The Commissioner of Police Madurai City, Madurai 2.The Inspector of Police K.Pudur Police Station Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the person or body of the petitioner's mother, the detenue namely Barkavi, wife of Ravikumar, aged about 53 years, before this Court and set her liberty.

For Petitioner :

Mr.Poornachandran.S.

For Respondents :

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 mother, namely, Barkavi, wife of Ravikumar, aged about 53 years, before this Court and set her at liberty.

2. It is the case of the petitioner that her mother / detenue herein is a physically challenged person and she borrowed money from a Finance Company as well as private parties for running a business. https://hcservices.ecourts.gov.in/hcservices/ ___________

H.C.P.(MD) No.223 of 2021 It is alleged that the lenders came to the detenue's house and abused her in filthy language. Even the detenue pleaded to provide sometime to return the money, the lenders did not accept the same and threatened her and hence, she was found missing from 11.01.2021.

3. The affidavit filed in support of the habeas corpus petition is completely bereft of any details. A perusal of the affidavit would show that the date of the complaint is not given and the copy of the complaint is also not annexed in the typed set. Further, it is stated that the petitioner gave a representation to the respondents on 01.02.2021, but the copy of the acknowledgment is not annexed, only postal receipts are found place in the typed set. That apart, without providing sufficient time to the respondents to investigate the matter, the petitioner has rushed to this Court in a hasty manner. In such circumstances, we are not inclined to entertain the habeas corpus petition.

4. For the foregoing reasons, the habeas corpus petition is dismissed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) krk 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 Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, K.Pudur Police Station, Madurai.

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

H.C.P.(MD) No.223 of 2021 11.02.2021 (KG)CO AP(24/02/2021) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ ___________