Madras High CourtHCP(MD)/735/2016closed

M. Ramasubramanian v. The Commissioner Of Police

2016-09-15Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.735 of 2016 M.Ramasubramanian : Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Melapalayam Police Station, Tirunelveli 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 Esakkiammal (aged 44 years) before this Court and set her at liberty. For Petitioner : Mr.V.Natarajan For Respondents : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.V.MURALIDARAN, J.) The petitioner-M.Ramasubramanian has filed this Habeas Corpus Petition stating that his wife, namely Esakkiammal, aged about 44 years was found missing from 05.03.2016 and hence, he has preferred a complaint on 12.03.2016, based on which, the second respondent registered a case in Crime No.181 of 2016 under 'woman missing'. Since she has not been secured, the petitioner is before this Court with the present Habeas Corpus Petition.

2. The second respondent filed a status report as well as additional status report stating that there is a dispute between the petitioner and his wife in respect of eloping of his daughter. Therefore, it shows that the detenu voluntarily went away from the house of the petitioner. Now, the second respondent, by filing additional status report, submits that the investigation is in progress.

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3. Therefore, in view of the above said facts, we close the Habeas Corpus Petition by giving a direction to the second respondent to proceed with the investigation. Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Melapalayam Police Station, Tirunelveli District.

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

sml sm:SS2:23/09/2016:2P/4C Order made in H.C.P.(MD) No.735 of 2016 Dated:

15.09.2016 https://hcservices.ecourts.gov.in/hcservices/