Kasi Viswanathan, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.71 of 2017 Kasi Viswanathan : Petitioner Vs.

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

2.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

3.Subash Chandra Bose : 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 corpus of the detenu Palaniselvi [W/o.Kasi Viswanathan, aged about 35 years], from the illegal custody of the third respondent before this Court and set her at liberty. For Petitioner : Mr.V.Kannan For Respondents 1&2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the husband of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the corpus of the detenu - Palaniselvi [W/o.Kasi Viswanathan, aged about 35 years], from the illegal custody of the third respondent before this Court and set her at liberty.

2. According to the petitioner, his wife was missing from 28.11.2018 onwards. In this regard, the petitioner made a complaint before the second respondent. On receipt of the said complaint, the second respondent police registered a case in Crime No.301 of 2016 Since no effective steps were taken by the second https://hcservices.ecourts.gov.in/hcservices/

respondent police to trace out the detenu, the petitioner has come up with the present Habeas Corpus Petition.

3. Today, when the Habeas Corpus Petition is taken up for consideration, it is reported by the learned Additional Public Prosecutor that during the pendency of the Habeas Corpus Petition, the petitioner has committed suicide.

4. Today, the second respondent police produced the detenu, On enquiry, she has stated that on account of some domestic quarrels, on her own volition, she left the matrimonial home and went to Chennai, where she has been working.

5. In view of the present situation and in view of the statement made by the detenu, we are of the considered view, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

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

NB SM:MR:17.02.2017:2p/4c ORDER MADE IN H.C.P.[MD].No.71 of 2017 02.02.2017 https://hcservices.ecourts.gov.in/hcservices/