Indira v. The Superintendent Of Police
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.1601 of 2017 Indira 1/86, East Strees, Kampikudi, Kariyapatti, Virudhunagar District : Petitioner Vs.
1.The State represented by The Superintendent of Police, Madurai, 2.The Inspector of Police, Silaiman Police Station, 3.Mani East Street, Kampikudi, Kariyapatti, Virudhunagar District.
: 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 to produce the body or person of the petitioner's husband by name, Marimurugan, S/o.Mani, Male aged about 26 years, the detenu in the present case, before this Court and set him at liberty.
For Petitioner : Mr.M.Pitchai Muthu For R1 and R2 : Mr.C.Ramesh Additional Public Prosecutor For R3 : P.Thilakkumar
ORDER
[Order of the Court was made by R.SUBBIAH, J] The present Habeas Corpus Petition has been filed by the wife of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's husband by name, Marimurugan, S/o.Mani, Male aged about 26 years,
the detenu in the present case, before this Court and set him at liberty.
2.In the affidavit filed in support of this petition, it has been averred that the petitioner is the wife of the detenu - Marimurugan, S/o.Mani, Male aged about 26 years. The petitioner and the detenu hails from the same Village and they fell in love and married on 02.06.2016 against the wishes of both families. While so, after the marriage, on 06.06.2016, the petitioner's husband left the home for shopping, but he did not return back and immediately, she searched her husband in various places, but she could not trace him. Subsequently, she came to know that the third respondent abducted her husband with an intention to separate them. Hence, the petitioner preferred a complaint to the second respondent on 18.07.2016. On receipt of the said complaint, the second respondent registered a case in Crime No.293 of 2016 for 'Man Missing'. Since no effective steps were taken by the second respondent police, the petitioner has filed the present Habeas Carpus Petition.
3.When the Habeas Corpus Petition was taken up for consideration on 15.11.2017, the petitioner and the detenu were present and this Court directed the petitioner and the detenu to appear before the Mediation and Conciliation Centre. Accordingly, they appeared before the Mediation Centre. Even in the Mediation Centre no amicable settlement was arrived at between the parties. Since, the Mediation failed, the case has been listed before this Court today.
4.In view of the above, since the detenu is a major aged about 26 years and the Mediation also could not succeed, in our considered view, nothing survives for adjudication in the Habeas Corpus Petition. Hence, we left with no other option except to close this Habeas Corpus Petition.
5.In the result, the Habeas Corpus Petition is closed. The Mediation Report shall farm part of the order. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To Encl: Xerox copy of Mediation Report
1. The Superintendent of Police, Madurai,
2. The Inspector of Police, Silaiman Police Station,
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 cc TO Mr.P.Thilakkumar , Advocate in SR No. 88467 Ns AE/KK/SAR1/07.12.2017/3P/5C Order made in H.C.P.(MD)No.1601 of 2017 Dated: 20.11.2017