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Madras High CourtHCP(MD)/1543/2017closed

Alaguraj, v. The Superintendent Of Police,

2017-11-20Honourable Mr Justice R.Subbiah,Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.(MD)No.1543 of 2017 Alaguraj : Petitioner vs.

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

2.The Inspector of Police Y.Othakadai Police Station, Y.Othakadai, Madurai District 3.Saravanan : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 and 2 to secure the detenu namely Jothimani, D/o.Marimuthu, aged about 26 years, now detained by the 3rd respondent herein and produce the detenu or body of the detenu before this Court and set her at liberty.

For Petitioner : Mr.S.Gokulraj For Respondents : Mr.C.Ramesh for R1 and R2 Additional Public Prosecutor for R3 : No appearance

ORDER

****** [Order of the Court was made by R.SUBBIAH, J] The petitioner is the husband of the detenu, viz.,Jothimani, aged 26 years. In the affidavit, it has been stated that the detenu is working as a Tailor in Madurai Garments, Madurai. While so, on 05.10.2017, she went for work and thereafter, did not return home and was found missing. Therefore, the petitioner preferred a complaint to the respondent police on 08.10.2017. Since no effective steps were taken, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

2. Today, when the matter was taken up for consideration, the detenu has been produced by the respondent police. When we enquired,

she categorically stated that she is not in the illegal custody of any one and due to some misunderstanding with the petitioner, on her own accord, she left her house. Further, she has expressed her willingness to go along with the petitioner/husband.

3. Since the detenu expressed her willingness to go with her husband/petitioner, nothing survives for adjudication in the present Habeas Corpus Petition. Accordingly, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police Y.Othakadai Police Station, Y.Othakadai, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.S.Gokulraj, Advocate, SR.No.88276 RR RL/5C/2P/SKN/RSK/SAR1/12/12/2017 Order made in H.C.P.(MD)No.1543 of 2017 Dated:

20.11.2017 https://hcservices.ecourts.gov.in/hcservices/