Madras High CourtHCP(MD)/1809/2017closed

Nathiya v. The Superintendent

2018-01-09Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI H.C.P.(MD)No.1809 of 2017 Nathiya : Petitioner Vs.

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

2. The Inspector of Police, Samayanallur Police Station, Madurai District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the 1st and 2nd respondents to produce body of petitioner's husband detenu, namely sarguna S/o.Sankar and set him at liberty. For Petitioner : Mr.P.Thilakkumar For Respondents : Mr.C.Ramesh Additional Public Prosecutor *********

ORDER

****** [Order of the Court was made by S.VIMALA, J] The petitioner, who is the wife of detenue, has moved this petition for a direction to the Respondent Nos.1 and 2 to produce her husband, namely, Sarguna, S/o. Sankar aged about 24 years before this Court and set him at liberty.

2. According to the petitioner / wife of detenu, her husband, is missing from 02.05.2017. Since his whereabouts were not known, she preferred a complaint to the respondent on 10.05.2017 and pursuant to which, a case has been registered in Crime NO.219/2017 for 'man missing'. However, since no steps were taken, the petitioner is before this Court with this petition. https://hcservices.ecourts.gov.in/hcservices/

3. Today, a status report has been filed by the second

respondent. From the status report, it is evident that the detenu had illegal intimacy with one Ishwarya and in connection with the same, there had been previous complaints and it is a known fact that he might have been living with the said Ishwarya.

4. Under such circumstances, the question of illegal detention does not arise and recording the status report, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Samayanallur Police Station, Madurai District.

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

Rmi/RR AE/SV MMS/SAR2/30.01.2018/2P/4C Order made in H.C.P.(MD)No.1809 of 2017 Dated: 09.01.2018 https://hcservices.ecourts.gov.in/hcservices/