Madras High CourtHCP(MD)/194/2015dismissed

E. Anbalagan v. The Superintendent Of Police

2015-02-23Honourable Mr Justice T.Mathivanan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE T.MATHIVANAN HABEAS CORPUS PETITION(MD)No.194 of 2015 E.Anbalagan .. Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, All Women Police Station, Tenkasi, Tirunelveli District.

.. Respondents Prayer:- Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to secure the detenu and produce the body of the detenu viz., Shilpa @ Selvi, wife of Anbalagan, aged about 28 years before this Court and set her at liberty.

For Petitioner : Mr.M.Muthukumarasamy For Respondents : Mr.T.Mohan Additional Public Prosecutor

ORDER

(Order of the Court was made by A.SELVAM, J) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 & 2 to trace out and produce the detenu by name Shilpa @ Selvi, alleged wife of the petitioner.

2. The petitioner is present and he has been identified by his counsel.

3. The second respondent viz., the Inspector of Police, All Women Police Station, Tenkasi has produced the first wife of the petitioner by name Jeyachitra and she has been enquired into and stated that the marriage between her and petitioner is still subsisting. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the representation made by the first wife of the petitioner and also considering the averments made in the petition, this

Court is of the view that the petitioner has no locus standi to file the present petition. Under the said circumstances, this Habeas Corpus Petition is liable to be dismissed.

5. In fine, this Habeas Corpus Petition deserves dismissal and accordingly is dismissed.

Sd/ Assistant Registrar /True copy/ sub Assistant Registrar(c.s) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, All Women Police Station, Tenkasi, Tirunelveli District.

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

+1cc to M/S. Muthukumarasamy Advocate in SR.No. 8195 TS/27.02.2015/2P-5C ORDER MADE IN H.C.P(MD)No.194 of 2015 23.02.2015 https://hcservices.ecourts.gov.in/hcservices/