Sd.Hameed Hilmi v. The Superintendent Of Police

H.C.P.(MD) No.734 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.734 of 2021 Dr.SD.Hameed Hilmi ... Petitioner/Husband of the detenu -vs1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Arumuganeri Police Station, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus to direct the respondents 1 and 2 herein to produce the body or person of Yusra Hussain, W/o. Hameed Hilmi, aged about 24 years, before this Court and set her at liberty.

For Petitioner :

Mr.S.Ramsundar Vijayaraj for M/s.Veera Associates For R1 & R2 :

Mr.S.Ravi Standing counsel for Government

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The habeas corpus petition has been filed for a direction to the respondents 1 and 2 to produce the petitioner's wife viz., Yusra Hussain, W/o.Hameed Hilmi, aged about 24 years, before this Court and set her at liberty.

2. The petitioner would claim that he was married to the detenu in the year 2015. After the marriage, the detenu got admission for M.B.B.S., course and both were staying together and the detenu completed M.B.B.S. course on 15.04.2021. He further stated that he received a mail from the detenu on 28.04.2021, stating that she is no more willing to continue her matrimonial life. Thereafter, he lodged a complaint with the second respondent and the same is registered under Crime No.102 of 2021 as women missing. Since no https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.734 of 2021 effective steps were taken to secure the detenu, the present habeas corpus petition.

3. The detenu appeared before this Court today through video conferencing and stated that she was not kidnapped by anyone nor she was detained by anyone illegally. In this regard, she has already sent a mail to the Superintendent of Police and the petitioner and on further enquiry, she has stated that there is no possibility for reunion.

4. Recording the statement of the detenu, the Habeas Corpus Petition is closed, giving liberty to the parties to work out the remedy before the competent civil Court.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Arumuganeri Police Station,Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-19857[F] dated 22/06/2021 ) ORDER MADE IN H.C.P.(MD) No.734 of 2021 18.06.2021 CN (01.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2