Madras High CourtHCP(MD)/1812/2017closed

V.Irin Raj v. The Superintendent Of Police

2017-12-22Honourable Mr Justice R.Subbiah,Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2017

CORAM

THE HON'BLE MR.JUSTICE R.SUBBIAH AND THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P(MD)No.1812 of 2017 V.Irin Raj ...Petitioner -vs1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Marthandam Police Station, Kanyakumari District.

3. Sunder Raj

4. Sujatha ... Respondents Prayer: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas Corpus, directing respondents to produce the person or body of the detenue by name S.S.Abisha, aged about 23 years, who is the petitioner's wife before this Court and set her at liberty. For Petitioner : Mr.B.Brijesh Kishore For R1 & R2 : Mr.C.Ramesh, Additional Public Prosecutor.

For R3 & R4 : No Appearance.

O R D E R

(Order of the Court was made by R.SUBBIAH, J) The petitioner is alleged to be the husband of the detenu, namely, Abisha, aged 23 years. It is averred in the petition that the marriage between the petitioner and the detenu took place on 13.11.2017 in the presence of friends and relatives at Devasagayam Church, Puliyoor Kurichi, Kanyakumari District. While so, on 30.11.2017, in order to get the certificates, the detenu went to her parental house. Thereafter, she did not return. Since her whereabouts were not known, the petitioner preferred a representation to the first respondent requesting him to take steps https://hcservices.ecourts.gov.in/hcservices/

to secure the detenu and since, no effective steps were taken, the petitioner is before this Court with this petition. 2.Today, when the matter was taken up for hearing, the detenu has been produced before this Court by the respondent police. On enquiry, she has stated that she is not in the illegal custody of any one, much less the respondents 3 and 4. We have also enquired the respondents 3 and 4, who are the parents of the detenu. 3.In view of the categorical statement made by the detenu, nothing survives for adjudication in this petition. Accordingly, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The Inspector of Police, Marthandam Police Station, Kanyakumari District.

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

RR TE/JC/SAR-2 : 17/01/2018 : 2P/4C H.C.P(MD)No.1812 of 2017 22.12.2017 https://hcservices.ecourts.gov.in/hcservices/