Madras High CourtHCP(MD)/172/2017closed

S.Mahalingam v. The Superintendent Of Police

2017-02-22Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.172 of 2017 S.Mahalingam : Petitioner Vs.

1.The Superintendent of Police, Superintendent of Police Office, Tirunelveli District.

2.The Inspector of Police, Elathur Police Station, Tirunelveli District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the first and second respondents to produce the person or body of the detenu, namely Mariselvam, son of Mahalingam, aged 25 years before this Court and set him at liberty.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] Seeking production of the detenu viz., Mariselvam, Son of Mahalingam, aged about 25 years, the petitioner, who is the father of the detenu, has filed the present Habeas Corpus Petition, stating that the detenu was found missing from 23.01.2017 onwards and in this regard, he has sent a complaint to the second respondent on 26.01.2017 through post. However, no effective steps were taken to trace out the detenu so far. Hence, the petitioner has come up with the present petition.

2. Today when the matter was taken up for consideration, the second respondent produced the detenu before this Court. On our enquiry, he told us that he fell in love with one Petchiammal and https://hcservices.ecourts.gov.in/hcservices/

both of them got married and since it is an inter-caste marriage, he was receiving a threat at the instance of the family of his wife. However, he had stated that he is not in illegal custody of anybody.

3. In view of the above said submission made by the detenu, since there is no illegal detention, we close the Habeas Corpus Petition as nothing survives for adjudication. Sd/- Assistant Registrar(C) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Superintendent of Police Office, Tirunelveli District.

2.The Inspector of Police, Elathur Police Station, Tirunelveli District.

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

+1 cc to M/S.R.Pon Karthikeyan, Advocate in SR.No. 9823 SML CSL/BS/10.03.2017 : 2P/5C Order made in H.C.P.[MD].No.172 of 2017 Dated: 22.02.2017 https://hcservices.ecourts.gov.in/hcservices/