Madras High CourtHCP(MD)/233/2017closed

M. Meharnisha v. The Superintendent Of Police

2017-04-12Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.233 of 2017 M.Meharnisha : Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Inspector of Police, Cumbam North Police Station, Cumbam, Theni District.

3.Kader Mohideen : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenu, Raja Mohammed, S/o.Kader Mohideen, aged about 33 years, before this Court and set him at liberty.

For Petitioner : Mr.M.Sendhilkumar For Respondents 1&2 : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

2. The present Habeas Corpus Petition has been filed seeking a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenu, Raja Mohammed, S/o.Kader Mohideen, aged about 33 years, before this Court and set him at liberty.

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3. The petitioner appeared before us on 05.04.2017 and stated that the third respondent is no more and took time to implead the appropriate person as party respondent in the Habeas Corpus Petition. It appears that the petitioner lodged a complaint under the Dowry Prohibition Act, against her husband/detenu and the case is pending, in which non-bailable warrant has been issued. Thus, we are of the clear view that the present attempt of the petitioner is to execute the non-bailable warrant against her husband/detenu. Hence, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Inspector of Police, Cumbam North Police Station, Cumbam, Theni District.

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

NB PSM/SV-MMS/SAR3/28.04.2017/2P/4C ORDER MADE IN H.C.P.[MD].No.233 of 2017 12.04.2017 https://hcservices.ecourts.gov.in/hcservices/