Dayana Jenifer @ Fathima v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P.(MD)No.306 of 2019 Dayana Jenifer @ Fathima Sahana : Petitioner Vs.

1.The Superintendent of Police, Trichy District Trichy.

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

3.Sathik Hussain @ Stephanraj : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents to produce the person or body of the detenue namely, Minor Princeton Son of Sathik Hussain @ Stephanraj aged about 10 years, before this Court and handed over him to the petitioner's custody.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.M.Chandrasekaran for R1 & R2 Additional Public Prosecutor

ORDER

B.PUGALENDHI, J This petition has been filed by the petitioner/mother to secure her son/detenu namely, Princeton, aged about 10 years, who is in the illegal custody of the third respondent herein. https://hcservices.ecourts.gov.in/hcservices/

2. On a reading of the affidavit, it is seen that the petitioner is the wife of the third respondent and even according to the petitioner, the custody of her son is with the third respondent and under the circumstances, no Writ of Habeas Corpus can be issued. Accordingly, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Trichy District Trichy.

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

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

Order made in H.C.P.(MD)No.306 of 2019 05.04.2019 RR ES/DS/23.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/