Madras High CourtHCP(MD)/580/2022dismissed

P.Kavitha v. The Superintendent Of Police

2022-04-19Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.580 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.580 of 2022 P.Kavitha ... Petitioner -vs1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Thalamuthu Nagar Police Station, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, to direct the respondents to produce the corpus or body of the petitioner's husband namely M.Pounraj, S/o.Mariappan, aged 28 years before this Court and set him at liberty.

For Petitioner :

Mr.G.Radhakrishnan For R1 & R2 :

Mr.T.Senthil 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 M.Pounraj, aged about 28 years.

2. According to the petitioner, her husband went missing on 14.02.2022 and she lodged a complaint on 21.02.2022. Even in the complaint she has stated that her husband developed illegal intimacy with one Kartheeswari. The petitioner's complained in action on the part of the respondent police.

3. Mr.T.Senthil Kumar, learned Additional Public Prosecutor, upon instructions, would submit that husband of the petitioner has eloped with said Kartheeswari. Though the said https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.580 of 2022 Kartheeswari is also missing, her husband refused to lodge a complaint since he happens to be a third husband.

4. In view of the above, we do not see any illegal custody involved in this case. Hence, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) am To:

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

2.The Inspector of Police, Thalamuthu Nagar Police Station, Thoothukudi District.

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

H.C.P.(MD) No.580 of 2022 19.04.2022 RD(28.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2