Nagaraj v. The Superintendent Of Police

H.C.P.(MD) No.517 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.517 of 2021 Nagaraj ... Petitioner vs.

1. The Superintendent of Police, O/o. The Superintendent of Police, Thenkasi District.

2. The Inspector of Police, Sivagiri Police Station, Sivagiri, Thenkasi District.

3. Gurusamy ... 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 1 and 2 to produce the body or person of the petitioner's wife and two child namely Sakkammal aged about 30 years old, wife of Nagaraj, Muthupriya aged about 12 years old, daughter of Nagaraj and Sathiyapriya aged about 6 years old, daughter of Nagaraj, who have been missing from 10.12.2019 and set them at liberty For Petitioner :

Mr.P. Ponraj For Respondents :

Mr.S. Ravi (R1 & R2) Standing Counsel for State

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's wife, by name, Jakkammal, aged about 30 years and his two minor children Muthupriya and Sathiyapria found missing from 10.12.2019 and even though the complaint has been given before the second respondent police, no action has been taken. Hence, the present Habeas Corpus Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

2. Today, the 2nd respondent police produced the detenue 1/2

H.C.P.(MD) No.517 of 2021 Jakkammal and her minor children before this Court and on enquiry, the detenue submitted that on her own she left the matrimonial house and residing at Karnataka State and now she came to Tamil Nadu and she is not willing to go with the petitioner.

3. The learned Standing Counsel for the respondent Police submitted that the detenue left the matrimonial house on her own and she is not illegally detained by anybody.

4. Considering the above submissions that the detenues not illegally detained by anybody, and she is not willing to go with the petitioner, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) Mpk 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 Superintendent of Police, O/o. The Superintendent of Police, Thenkasi District.

2. The Inspector of Police, Sivagiri Police Station, Sivagiri, Thenkasi District.

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

H.C.P.(MD) No.517 of 2021 03.09.2021 RD(15.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2