Madras High CourtHCP(MD)/399/2015dismissed

R.Amutha Selvi v. The Superintendent Of Police

2015-08-19Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No. 399 of 2015 R.Amutha Selvi .. Petitioner Vs.

State rep. by, 1.The Superintendent of Police, Trichy District, Trichy.

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

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, praying for a direction to the respondents 1 & 2 to produce the person or body of the detenu namely Rasu, S/o.Perumal, aged about 40 years before this Court and set him at liberty.

For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr. K.S.Duraipandian Additional Public Prosecutor.

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J] The petitioner is the divorced wife of one Mr.Rasu, aged about 42 years. According to the petitioner, her husband has been found missing from 20.08.2014.Therefore, she has come up with this petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and we have also perused the records carefully.

3. The learned Additional Public Prosecutor would submit that in respect of missing of Mr.Rasu, a case has been registered in Crime No.96 of 2015 and the investigation has been taken in a right direction. The said statement is recorded.

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4. In view of the above position, since there is no allegation of any illegal detention, there is no scope to issue any direction as prayed for. Accordingly, the Habeas Corpus Petition is dismissed, leaving it open for the petitioner to work out her remedy in the manner known to law. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Trichy District, Trichy.

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

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

+1cc to Mr.P.T.Ramesh Raja, Advocate SR.No.48025 ORDER MADE IN H.C.P(MD)No.399 of 2015 19.08.2015 PJL/RR NS/SKS-RR/03.09.2015: 2P/5C https://hcservices.ecourts.gov.in/hcservices/