Madras High CourtHCP(MD)/604/2015dismissed

C.Easwari v. The Superintendent Of Police

2015-08-18Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No. 604 of 2015 C.Easwari .. Petitioner Vs.

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

2. The Inspector of Police, South Police Station, Cumbum, Theni 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 to produce the body or person of the detenue, namely, Chandra Sekar, S/o. Natchimuthu, aged about 45 years, now legally detained by unknown person before this Court and set her at liberty.

For Petitioner : Mr.C.Jeyaprakash For Respondents : Mr.K.S.Duraipandian Additional Public Prosecutor

ORDER

[Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the wife of one Mr. Chandra Sekar, aged about 45 years. According to the petitioner, he has been found missing from 04.01.2013. Therefore, The petitioner has come up with this petition.

2. Now, a case has been registered in Crime No.204 of 2015 for 'man missing' on the file of the second respondent and the investigation is taken in a right direction.

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

4. The learned Additional Public Prosecutor would submit that there has been some matrimonial dispute between the petitioner and her husband and therefore, it appears that he left from his matrimonial home.

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5. In view of the said submission and in view of the fact

that the investigation is taken in a right direction, we are inclined to dismiss this petition.

6.Accordingly, this 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 (Per.Admn) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, South Police Station, Cumbum, Theni District.

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

+ 1 CC TO MR.C.JEYAPRAKASH, ADVOCATE IN SR NO. 47280 PJL/RR TE/MP-ARN/SAR(J) 05/09/2015 2P/5C ORDER MADE IN H.C.P(MD)No.604 of 2015 18.08.2015 https://hcservices.ecourts.gov.in/hcservices/