Madras High CourtHCP(MD)/389/2017dismissed

N. Vijayalakshmi v. The Superintendent Of Police

2017-03-15Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.(MD).No.389 of 2017 N.Vijayalakshmi : Petitioner Vs.

1.The Superintendent of Police, O/o. Superintendent of Police Dindigul District.

2.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

3.Murugasamy : Respondents PRAYER:Habeas Corpus Petition is filed under Article 226 of the Constitution of India directing the respondents to produce the body and person of petitioner's husband Mummoorthy, S/o.Murugasamy aged about 32 before this Court and set him at liberty. For Petitioner : Mr.R.Venkatesan For Respondents 1&2 : Mr.C.Ramesh Additional Public Prosecutor

O R D E R

********** [Order of the MR.JUSTICE T.S.SIVAGNANAM] The petitioner is the wife of the detenue. Her case is that pursuant to the direction issued by this Court in Crl.O.P.(MD). No.22932/2016, the matter was referred to Mediation and Conciliation Centre attached to this Bench. Though the matter was posted for Mediation on 8 occasions, the petitioner's husband has not appeared before the Mediation Centre. Therefore, the petitioner is before this Court by way of this habeas corpus petition stating that she has strong suspicion as to whether her husband is alive or not.

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2. As rightly pointed out by the learned Additional Public Prosecutor this petition is not maintainable in the light of the direction petition filed by the petitioner in Crl.O.P.(MD). No.22932/2016, which is still pending. It appears that the Mediation Centre has submitted a report and it is for the petitioner to work out her remedy in the pending Crl.O.P.(MD). No.22932/2016 for appropriate direction, if she is so advised. The Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, O/o. Superintendent of Police Dindigul District.

2.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

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

Jikr AE/RR/23.03.2017/2P/4C ORDER MADE IN H.C.P.(MD).No.389 of 2017 15.03.2017 https://hcservices.ecourts.gov.in/hcservices/