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Madras High CourtHCP(MD)/1620/2016closed

M.Duraisamy v. The Superintendent Of Police

2017-01-03Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.1620 of 2016 M.Duraisamy : Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Aranthangai Police Station, Pudukkottai District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to take necessary steps to secure and produce the body or person of the detenue - Suganthini, wife of M.Duraisamy, aged about 24 years, before this Court and hand over to the petitioner. For Petitioner : Ms.A.Banumathy For Respondents : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the husband of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, namely, Suganthini, aged about 24 years, before this Court and set her at liberty.

2. According to the petitioner, his wife was missing from 17.11.2016. In this regard, the petitioner made a complaint before the second respondent. On receipt of the said complaint, the second respondent police issued CSR.No.636 of 2016. Since there were no https://hcservices.ecourts.gov.in/hcservices/

effective steps taken by the second respondent police, the petitioner has come up with the present Habeas Corpus Petition.

3. Today, when the Habeas Corpus Petition was taken up for consideration, the second respondent police produced the detenu. On enquiry, she has stated that on account of some domestic quarrels, on her own volition, she left the matrimonial home and stayed in her relative's house. She has further stated that now she is willing to go along with the petitioner. On enquiry, the petitioner has also stated that he is also prepared to take back her wife.

4. In view of the above, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Aranthangai Police Station, Pudukkottai District.

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

+1 cc to Mr. A.BANUMATHY, Advocate, Sr.No:145 NB MAS/MPA-JK:12.01.2017: 2P/5C ORDER MADE IN H.C.P.[MD].No.1620 of 2016 03.01.2017 https://hcservices.ecourts.gov.in/hcservices/