Madras High CourtHCP(MD)/628/2016dismissed

P. Kulanthaivel v. The Superintendent Of Police

2016-10-17Honourable Mr Justice M. Govindaraj,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.GOVINDARAJ H.C.P.(MD)No.628 of 2016 P.Kulanthaivel : Petitioner Vs.

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

2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

: 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 first and second respondents to produce the body or person of the petitioner's wife/detenu, namely Maheswari (aged 40 years) before this Court and set her at liberty. For Petitioner : Mr.A.S.Vaigunth For Respondents : Mr.A.Ramar, Additional Public Prosecutor

ORDER

****** (Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the husband of one Maheswari, aged 40 years. According to the petitioner, Mrs. Maheswari was mentally ill and she has been found missing from 07.04.2016. A case has been registered on a complaint made by the petitioner in connection with the same in Crime No.233 of 2016 for woman missing. The investigation is under progress. Since the missing woman has not been traced out so far, the petitioner has come up with this Habeas Corpus Petition.

2. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State. We have also perused the records carefully. https://hcservices.ecourts.gov.in/hcservices/

3. The Inspector of Police, Nagamalai Pudukkottai Police Station has filed a status report also. We have gone through the same. It is seen from the records that there is no illegal detention. But it is a case of missing of a mentally ill woman. The investigation is in progress. Since there is no illegal detention, we are unable to grant any relief to the petitioner, except directing the second respondent to expedite the investigation.

4. The Habeas Corpus Petition is dismissed with the above direction.

Sd/ Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar.

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

2.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

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

Order made in H.C.P.(MD) No.628 of 2016 Dated: 17.10.2016 SML AM/SS3/04.11.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/