M. Sanjitha Begum v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.[MD].No.1063 of 2018 M.Sanjitha Begum : Petitioner Vs.

1. The State, represented by The Superintendent of Police, Theni District, Theni.

2. The Deputy Superintendent of Police, Uthamapalayam Sub-Division, Theni District.

3.The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

4.Abdul Kani 5.Mubarak 6.Asar 7.Ajmal 8.Pilal 9.Uthuman : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body or person of the petitioner's husband, by name, Mubarak Ali, S/o.Mohammed Mustafa [Male, aged 50 years], detenu in the present case, before this Court and consequently set him at liberty.

For Petitioner : Mr.S.Balaji For Respondents 1to 3 : Mr.K.Dinesh Babu Additional Public Prosecutor For Respondent No.4 : Mr.M.Seeni Sulthan

O R D E R

*********** [Order of the Court was made by M.M.SUNDRESH, J.] The present Habeas Corpus Petition has been filed by the wife of the detenu, seeking a Writ of Habeas Corpus, directing the https://hcservices.ecourts.gov.in/hcservices/

respondents to produce the body or person of her husband, by name, Mubarak Ali, S/o.Mohammed Mustafa [Male, aged 50 years], detenu in the present case, before this Court and consequently set him at liberty.

2. On an earlier occasion, viz. on 04.09.2018, the detenu was produced and we recorded the statement given by the detenu. Today, the fourth respondent is present in Court. He has stated that it is the detenu, who left the rented premises on his own.

3. The learned counsel appearing for the fourth respondent submitted that on an earlier occasion, there was a compromise made between the parties.

4. We do not propose to embark upon the factual dispute between the parties. Suffice it to say that the detenu is not in illegal detention. In such view of the matter, the Habeas Corpus Petition stands closed giving liberty to the detenu to work out his remedy in the manner to known law.

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

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

2. The Deputy Superintendent of Police, Uthamapalayam Sub-Division, Theni District.

3. The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

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

+1cc to Mr.S.Balaji, Advocate Sr.No.84506 NB VB/RP/SAR1/01.10.2018/2P/6C ORDER MADE IN H.C.P.[MD].No.1063 of 2018 12.09.2018 https://hcservices.ecourts.gov.in/hcservices/