Madras High CourtHCP(MD)/1380/2016closed

P.Paulpandi, S/O M.Pitchai, v. The Superintendent Of Police

2016-11-30Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.[MD].No.1380 of 2016 P.Paulpandi : Petitioner Vs.

State rep. by

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

2. The Inspector of Police, Utthappanayakkanur Police Station, Utthappanayakkanur, Madurai District.

: Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu viz., Malarselvi, W/o.Paulpandi, aged 36 years before this Court and set her at liberty.

For Petitioner : Mr.G.Thiruvarutselvan For respondents : Mr.A.Ramar, 1 & 2 Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.V.MURALIDARAN, J.] The petitioner has filed this Habeas Corpus Petition alleging that her wife by name Malarselvi, aged about 36 years, has been found missing from 20.09.2016. In this regard, a complaint has been given to the 2nd respondent Police and the same has been registered in Crime No.184 of 2016 for woman missing. Thereafter, as no action was taken by the 2nd respondent, he has come up with this Habeas Corpus Petition.

https://hcservices.ecourts.gov.in/hcservices/ 2.We have heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor appearing for the respondents.

3.On mentioning by the learned Additional Public Prosecutor, this matter has been taken up for hearing today. The second respondent Police produced the detenu viz.,Malarselvi before this Court. On enquiry, she told that she is not willing to live with the petitioner and she is also not interested to get back her children. She also stated that she married one Malayan and she is now staying with him. The said statement is recorded. 4.Since the detenu is a major, this Habeas Corpus Petition is closed giving liberty to the detenu to choose her own way of life. Sd/- Deputy Registrar /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Utthappanayakkanur Police Station, Utthappanayakkanur, Madurai District.

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

+ 1 CC TO Mr.G.THIRUVARUTSELVAN, ADVOCATE IN SR No. 74382 GCG TE/SKN : 27/12/2016 : 2P/5C H.C.P.[MD].No.1380 of 2016 Dated: 30.11.2016 https://hcservices.ecourts.gov.in/hcservices/