Madras High CourtHCP(MD)/1140/2017closed

Kasinathan, v. The Superintendent Of Police,

2017-08-03Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.1140 of 2017 Kasinathan ... Petitioner -vs1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, Ilayangudi Police Station, Ilayangudi, Sivagangai.

3. Shiyamla ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the 1st and 2nd respondents to produce the petitioner's son namely Jayakumar, S/o. Kasinathan aged 32 years before this Court and set him at liberty. For Petitioner :

Mr.A.Mohamed Yusuf For R1 & R2 :

Mr.T.Mohan Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the father of the detenu. There is a complaint and counter complaint between the petitioner and third respondent, who are father-in-law and daughter-in-law. Both are claiming that the detenu is custody of others. 2.The learned Additional Public Prosecutor would submit that the detenu received a sum of Rs.5,00,000/- from the third respondent and thereafter vanished.

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3.The third respondent present before this Court and she has reported that whereabouts of the detenu is not known. Thus, we find there is no illegal detention.

4. In such view of the matter, this Habeas Corpus Petition is dismissed. The dismissal of the petition will not stand in the way of the third respondent to proceed with tracing the whereabouts of the detenu.

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

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

2. The Inspector of Police, Ilayangudi Police Station, Ilayangudi, Sivagangai.

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

AM/SMI TE/JC/SAR-II : 22/08/2017 : 2P/4C H.C.P.(MD) No.1140 of 2017 03.08.2017 https://hcservices.ecourts.gov.in/hcservices/