Uthayasuriyan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR Uthayasuriyan .. Petitioner / Father-in-law of the Detenue Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

3.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

4.Suriya 5.Vijay 6.Santhiya .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, by directing the respondents 1 to 3 to

produce the body or person of the detenue/the petitioner's daughter-in-law namely Sneha, D/o.Ramesh, W/o.Ponmurugan aged about 22 years before this Court and set her at liberty.

For Petitioner : Mr.K.Khari Kharadas For R-1 to R-3 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The present Habeas Corpus Petition has been filed seeking direction to the respondents 1 to 3 to produce the body or person of the petitioner's daughter-in-law, namely, Sneha, aged about 22 years, before this Court.

2. It is the case of the petitioner that his daughter-in-law, Sneha, was found missing from 29.02.2024. Based on his complaint, the third respondent registered a case in Crime No.91/2024 under the caption 'woman missing'. Thereafter, no action was taken by the respondent Police to find out the whereabouts of the missing person. Hence, the petitioner has filed the present Habeas Corpus Petition.

3. The third respondent has filed an elaborate status report. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the alleged missing person is the daughter-in-law of the petitioner. The alleged missing person got married to the petitioner's son two years ago and that after marriage, he was employed abroad. Based on the complaint of the petitioner, FIR was registered in Crime No.91/2024 and enquiry was conducted. During the course of enquiry, it came to light that the alleged missing person got into an illegal affair with the fourth respondent while he was employed as carpenter at Ayingudi/Aranthangi Taluk and due to the extra-marital relationship with the fourth respondent, the alleged missing person eloped with the fourth respondent and both of them are hiding themselves willfully. He would further submit that the alleged missing person is also not carrying any mobile phone with her. However, investigation is going on and as and when the whereabouts of the alleged detenue is found, it would be intimated to the petitioner.

4. Recording the above submission of the learned Additional Public Prosecutor, the Habeas Corpus Petition is closed with a direction to the

respondent Police to continue with the investigation in accordance with law and as and when the detenue is secured or her whereabouts is identified, the same shall be intimated to the petitioner forthwith. (A.D.J.C.,J.) (K.R.S.,J.) 21.06.2024 NCC : Yes / No Index : Yes / No Lm To 1.The Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Aranthangi, Pudukkottai District.

3.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

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

A.D.JAGADISH CHANDIRA,J.

and K.RAJASEKAR,J.

Lm 21.06.2024