Madras High CourtHCP(MD)/1353/2016closed

A.Saravanan, v. The Superintendent Of Police,

2016-10-06Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.1353 of 2016 A.Saravanan : Petitioner Vs.

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

2. The Circle Inspector of Police, Ottanchathiram & Taluk, Dindigul Dostrict.

3. The Sub-Inspector of Police, Reddiyarchathiram Police Station, Dindigul District.

4. Thiyagarajan

5. Veerasamy : Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents to produce the person or body of Mrs.Rajeshwari, W/o.A.Saravanan, aged about 20 years, husband of the petitioner from the illegal custody of the respondent Nos.4 and 5 before this Court and set her at liberty.

For Petitioner : Mr.G.Ramadurai For Respondents 1to3 : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.V.MURALIDARAN, J.) One Saravanan has filed this Habeas Corpus Petition alleging that his wife, namely Rajeshwari, aged about 20 years, was missing from 10.09.2016. A complaint has also been given to the respondent police, but, so far, no action has been taken. Hence, he is before this Court with the present Habeas Corpus Petition. https://hcservices.ecourts.gov.in/hcservices/

2. When the matter was taken up for hearing today, the respondent police has produced the detenu namely Rajeshwari. On our enquiry, she admits that the petitioner is the husband, but, she is now staying along with one Thiayagarajan, who is the fourth respondent herein and she wants to get divorce from the petitioner and to marry the fourth respondent. On our enquiry, she is not willing to go with the petitioner.

3. Therefore, recording the submission made by the detenu, we close the Habeas Corpus Petition and permit the detenu to live as per her own wish. The petitioner is also permitted to work out his remedy before the Court of law.

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

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

2. The Circle Inspector of Police, Ottanchathiram & Taluk, Dindigul Dostrict.

3. The Sub-Inspector of Police, Reddiyarchathiram Police Station, Dindigul District.

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

+ 1 CC TO Mr.G.RAMADURAI, ADVOCATE IN SR No. 59606 SML TE/GSV-PM/SAR-III : 03/11/2016 : 2P/6C Order made in H.C.P.(MD) No.1353 of 2016 Dated:

06.10.2016 https://hcservices.ecourts.gov.in/hcservices/