S.Mari v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P.(MD)No.953 of 2016 S.Mari : Petitioner Vs.

1.The Deputy Superintendent of Police, Puliangudi, Tirunelveli District.

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

3.Karuppasamy alias Satheesh : 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 respondents 1 and 2 herein to produce the person or body of the detenu, Mrs.M.Lakshmi, aged 42 years, who is the petitioner's wife from the illegal custody and produce her before this Court and set her at liberty.

For Petitioner : Mrs.Porkodi Karnan, For M/s.Polax Legal Solutions For Respondents 1&2 : Mr.A.Ramar, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.V.MURALIDARAN, J.) One S.Mari, the petitioner herein has filed this Habeas Corpus Petition stating that his wife, namely M.Lakshmi, aged about 42 years, was missing from his house from 27.04.2016. A complaint has been given on 29.05.2016 and a case has been registered for woman missing. Since she has not been traced out so far, the petitioner is before this Court with the present Habeas Corpus Petition.

2. The learned Additional Public Prosecutor, on instructions from the second respondent, who is present in Court, would submit that the detenu has eloped with the third respondent. It is also https://hcservices.ecourts.gov.in/hcservices/

informed by the second respondent that it is a case of third time elopement of the detenu with the third respondent. It is also stated that initially a case was registered under woman missing case and later on, the case was altered into one under Section 366 (A) of the Indian Penal Code.

3. Recording the above said submission made by the learned Additional Public Prosecutor, we close the Habeas Corpus Petition by giving a direction to the second respondent to expedite the investigation.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The Deputy Superintendent of Police, Puliangudi, Tirunelveli District.

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

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

+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate, SR No. 53411 Order made in H.C.P.(MD) No.953 of 2016 Dated: 19.09.2016 SML SH/SKS-RR:27.09.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/