M.Krishnamurthy, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.120 of 2017 M.Krishnamurthy : Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

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

3.Thangavel 4.Valarmathi : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the petitioner's minor son, namely K.Srivenugopal, aged about 2 years before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.R.Prabu Ramachandran For Respondents 1&2 : Mr.K.S.Duraipandian Additional Public Prosecutor For Respondents 3&4 : Mr.S.Mohan

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] The petitioner is the father of the detenu - K.Srivenugopal, aged about 2 years. He has filed the present Habeas Corpus Petition stating that he married one K.Anu Vidhya, the daughter of the third and fourth respondents herein, on 01.06.2014 and after the marriage, they settled at Chennai and out of the wedlock, the detenu was born on 26.02.2015. While so, on 09.03.2016, when they went to their native place at Ilayangudi, there was a verbal quarrel between them and the third respondent scolded his wife and on 09.03.2016 at 02.30 p.m., the wife of the petitioner committed suicide by hanging. In this regard, a case was registered in Crime No.51 of 2016 by the second respondent under Section 174 Cr.P.C. During the funeral rites of his wife, the third respondent took the detenu and thereafter, he did not give back his son. Though he lodged a complaint before the second respondent in this regard as https://hcservices.ecourts.gov.in/hcservices/

early as on 14.01.2017, no effective action was taken on his complaint. Hence, he is before this Court with this petition.

2. Today when the matter was taken up for consideration, the petitioner, the detenu and the third and fourth respondents are present. When we enquired the third and fourth respondents, they told that initially a case was registered against the petitioner under Section 174 Cr.P.C., and thereafter, on investigation, it was altered into one under Section 304-B IPC and since the case is pending, they are not inclined to hand over the custody of the detenu to the petitioner. However, the petitioner, who appeared in person, denied the said allegations.

3. Be that as it may, the third and fourth respondents are the grandparents of the detenu and since the dispute between the parties is civil in nature, the petitioner has to work out his remedy before the appropriate forum by filing Guardian Wards Original Petition.

4. The Habeas Corpus Petition is closed accordingly. Sd/- Assistant Registrar(co) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District.

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

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

+1cc to Mr.R.Prabhu Ramachandran, Advocate SR.No.4958 sml sm:CM-MSA:08/02/2017:2P/5C Order made in H.C.P.[MD].No.120 of 2017 Dated: 30.01.2017 https://hcservices.ecourts.gov.in/hcservices/