Madras High CourtHCP(MD)/1077/2017closed

Selvam v. The Deputy Superintendent Of

2018-02-06Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2018

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD)No.1077 of 2017 Selvam : Petitioner Vs

1. The Deputy Superintendent of Police, Ponamaravathi, Pudukottai District.

2. The Inspector of Police, Ponamaravathi Police Station, Ponamaravathi, Pudukottai District.

: Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents to produce the detenue namely Palaniammal, aged about 23 years, wife of Selvam, before this Court and set her at liberty.

For Petitioner : Mr.T.Ramesh For Respondents : Mr.C.Ramesh Additional Public Prosecutor *****

ORDER

[Order of the Court was made by S.VIMALA, J.] This petition has been filed by the husband of the detenue seeking direction to the second respondent to produce the person or body of the detenue viz., Palaniammal, aged about 23 years, the wife of the petitioner.

2.It is the case of the petitioner/husband that he married the detenue Palaniammal, on 17.02.2017 and thereafter, both of them have been living as husband and wife. The petitioner/husband went to Chennai to eke out the livelihood and on 17.06.2017, the detenue/wife left the house on the ground that she wanted to visit her mother's house. According to the complaint, thereafter, the detenue/wife is alleged to be found missing. Based on the complaint, a case has been registered in Crime No.212 of 2017 under the head of 'Women Missing' and the investigation has been taken up. The respondent police during investigation, has taken https://hcservices.ecourts.gov.in/hcservices/

all necessary steps to trace out the detenue, but so far, there is no fruitful information.

3.It is not a case of a minor or a person under the legal disability found to be missing. There is no allegation of kidnapping or abduction against anybody. There is no suspicion regarding adultery, linking the detenue with any other person. Under such circumstances, when there are, no specific allegations regarding the illegal custody, there is no use of keeping this petition pending.

4.Accordingly, the Habeas Corpus Petition is closed and as the detenue is a major, she is set at liberty. However, any fruitful information is received by the respondents, it shall be intimated to the petitioner.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Deputy Superintendent of Police, Ponamaravathi, Pudukottai District.

2. The Inspector of Police, Ponamaravathi Police Station, Ponamaravathi, Pudukottai District.

RJ2 VB/SKN/RSK/SAR4/26.02.2018/2P/3C H.C.P.(MD)No.1077 of 2017 06.02.2018 https://hcservices.ecourts.gov.in/hcservices/