Madras High CourtHCP(MD)/515/2022dismissed

N.Sankavi v. The Superintendent Of Police

2022-04-06Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.515 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.515 of 2022 N.Sankavi ... Petitioner/wife of the detenue Vs.

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

2.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

3.G.Nagalingampillai 4.N.Sumathi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondents 1 and 2 to secure and produce the body or person of the petitioner's husband namely N.Balakarthick, S/o.G.Nagalingampillai, aged about 27 years, the detenue herein before this Honourable High Court and set him at liberty.

For Petitioner : Mr.R.Murugan For R-1 & R-2 : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of the person of her husband by name N.Balakarthick, S/o.G.Nagalingampillai, aged about 27 years, who according to the petitioner, is missing from her house.

2. According to the petitioner, the respondent police have not taken action on her complaint. She also suspects the respondents 3 and 4, who are her parents-in-law to have played a role in her husband going missing.

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H.C.P.(MD) No.515 of 2022

3. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor, upon instructions, would submit that there was a marital discord between the petitioner and her husband / detenu, which forced the husband to lodge a police complaint. After conciliation efforts in the police station, the husband / detenu agreed to set up a separate residence. He however failed to do so and went missing.

4. In the backdrop, we do not see any case of illegal detention in order to enable us to invoke the jurisdiction under Article 226 of the Constitution of India and entertain a Habeas Corpus Petition. This Habeas Corpus Petition is therefore dismissed. It is open to the petitioner to seek remedy available to her under Marital Laws. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) pm To:

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

2.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

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

+1 CC to M/s.R. MURUGAN, Advocate ( SR-17046[F] dated 07/04/2022 ) H.C.P.(MD) No.515 of 2022 06.04.2022 RK(13/04/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2