Madras High CourtHCP(MD)/297/2017dismissed

Abdul Javeed v. The Superintendent Of Police

2017-03-21Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN Habeas Corpus Petition (MD) No.297 of 2017 Abdul Javeed ... Petitioner vs.

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

2. The Inspector of Police, All Women Police Station, Palani, Dindigul District.

3. Chockalinga Thesigar

4. Tamil Selvi

5. Karthick ... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying for a direction to the respondents 1 and 2 to secure the detenue Kanagadurga, W/o. Abdul Javeed, aged about 26 years from the illegal custody of the respondents 3 to 5 and produce her before this Court and set her at liberty. For Petitioner : Mr.T.Lenin Kumar For R1 and R2 : Mr.T.Mohan Additional Public Prosecutor For R3 to R5 : No appearance.

O R D E R

(Order of the Court was made by T.S.SIVAGANAM,J.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2.

2. The petitioner filed this Habeas Corpus Petition to produce the detenue / his wife alleging that she is an illegal custody of her parents.

3. We questioned the detenue. She states that she is aged about 27 years and out of her volition, she is residing there. One more shocking revolution is, it appears that in the year 2013, the petitioner and the detenue got married and after the marriage, the https://hcservices.ecourts.gov.in/hcservices/

detenue continues to remain with her parents at Tirupur without disclosing the fact that she was married to the petitioner, to her parents. We questioned the petitioner also and the petitioner agrees that he has married the detenue. Further more, it is not clear where the petitioner's whereabouts and where such marriage.

4. Thus, considering the facts and taking note of the age of the detenue and the stand taken by her as well as the petitioner, we find that there is no illegal detention warranting issuing any direction. Therefore, the Habeas Corpus Petition is misconceived and it is dismissed.

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

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

2. The Inspector of Police, All Women Police Station, Palani, Dindigul District.

H.C.P.(MD)No.297 of 2017 21.03.2017 akv MKV-KP-SAR 4/7.4.2017/2P-3C https://hcservices.ecourts.gov.in/hcservices/