P.Velpandi v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P(MD)No.629 of 2016 P.Velpandi .. Petitioner Vs.
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Koodal Nagar Police Station, Madurai District.
3.S.Parthiban .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the petitioner's wife, namely Ganga Devi, D/o.Paraman, Wife of Velpandi, aged 27 years, before this Court and set her at liberty.
For petitioner : Mr.B.Suthasathyananth For respondent Nos.1&2 : Mr.C.Mayil Vahana Rajendran Additional Public Prosecutor
O R D E R
*********** [Order of the Court was made by K.K.SASIDHARAN, J.] This Habeas Corpus Petition is filed by the husband of the detenu alleging that she was abducted by the third respondent.
2. This Court issued notice on 19.05.2016 to the respondents returnable by two weeks.
3. Today morning, the learned Additional Public Prosecutor made a mention that the police have secured the detenu and they have produced her before this Court. The learned Additional Public Prosecutor, therefore, wanted the matter to be taken up for hearing today. The learned Additional Public Prosecutor also filed a memo to the above effect.
https://hcservices.ecourts.gov.in/hcservices/
4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent Nos.1 and 2.
5. We have examined the detenu. According to the detenu, she is a major and she left the matrimonial home on her own volition and she is not in illegal custody. The detenu further stated that she is not prepared to go with the petitioner.
6. We have also examined the petitioner. According to the petitioner, the detenu left the matrimonial home on her own volition and as such, he is not prepared to take her back.
7. The limited question raised before this Court is as to whether the detenu is in illegal custody or not. The detenu having stated that she is not in illegal custody and she do not want to go with the petitioner, we do not find any reason to keep the Habeas Corpus Petition pending.
8. This Habeas Corpus Petition is closed with the above observation.
Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To:
1.The Commissioner of Police, Madurai City, Madurai.
2.The Inspector of Police, Koodal Nagar Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
NB RL/4C/2P/KBM/SARIII/9/6/2016 ORDER MADE IN H.C.P(MD)No.629 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 01.06.2016