Madras High CourtHCP(MD)/780/2017dismissed

K.Raja Prasanna Alexander, v. The City Commissioner Of

2017-06-05Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.[MD].No.780 of 2017 K.Raja Prasanna Alexander : Petitioner Vs.

1. The City Commissioner of Police, Madurai City.

2. The Inspector of Police, Anna Nagar Police Station, Madurai City.

3. Chandran : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body and person of the petitioner's wife, Divya, D/o.Chandran, aged about 21 years, before this Court and set her at liberty.

For Petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.C.Ramesh Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner claims to have married the detenu - Divya, D/o.Chandran, aged about 21 years and the marriage was solemnized in a temple. The certificate of Registration of Marriage issued by the Sub-Registrar, Nilakkottai, would show that the marriage was solemnized at SDYF Office, Nilakkottai. The averment made in the affidavit filed in support of the Habeas Corpus Petition to the said effect is a false averment. Furthermore, we find that even in the complaint, the petitioner has stated that the detenu went to her the house of her parents. However, in the affidavit, there is no allegation of any kidnapping or unlawful detention of the detenu.

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2. In view of the above, we are not inclined to entertain the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition is closed, leaving it open to the petitioner to pursue his complaint before the respondent police, if so advised.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The City Commissioner of Police, Madurai City.

2. The Inspector of Police, Anna Nagar Police Station, Madurai City.

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

+1cc to Mr.G.Thiruvarutselvan, Advocate Sr.No.58469 NB VB/KKR/SAR4/13.06.2017/2P/5C ORDER MADE IN H.C.P.[MD].No.780 of 2017 05.06.2017 https://hcservices.ecourts.gov.in/hcservices/