Madras High CourtHCP(MD)/236/2016dismissed

S.Karthikeyan v. The Superintendent Of Police

2016-02-25Honourable Mr Justice G. Chockalingam,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM HABEAS CORPUS PETITION(MD)No.236 of 2016 S.Karthikeyan ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur - 613 001.

2.The Inspector of Police, West Police Station, Kumbakonam - 612 001, Thanjavur District.

3.Tamilarasan ... 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 1 and 2 to produce body or person of the detenu namely Lakshaya, daughter of Tamilarasan, wife of Karthikeyan, aged about 27 years old and set her at liberty and pass such further or other orders.

For Petitioner : Mr.S.Chellapandian For RR 1 & 2 : Mr.K.S.Duraipandian Additional Public Prosecutor For R - 3 : Mr.K.M.Karunakaran

ORDER

(Order of the Court was made by A.SELVAM, J) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 & 2 to trace out and produce the detenu by name Lakshaya, daughter of the third respondent.

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2. The petitioner is not present.

3. The second respondent viz., Inspector of Police, West Police Station, Kumbakonam has produced the detenu.

4. The third respondent, the father of the detenu is also present. The detenu has stated that no marriage has been performed between her and the petitioner.

5. Considering the aforesaid factual circumstances, the petitioner can work out his remedy through proper forum. With the above observation, this petition is liable to be dismissed.

6. In fine, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar ps To 1.The Superintendent of Police, Thanjavur District, Thanjavur - 613 001.

2.The Inspector of Police, West Police Station, Kumbakonam - 612 001, Thanjavur District.

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

+one cc to M/s.K.M.Karunakaran, Advocate in SR.NO.10949 CSL/SK-SKN/01.03.2016/2P/5C ORDER MADE IN H.C.P(MD)No.236 of 2016 25.02.2016 https://hcservices.ecourts.gov.in/hcservices/