Sheik Mohamed v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Sheik Mohamed ... Petitioner -vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, SS Colony Police Station, Madurai District.

3.Kamarudeen ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 1st and 2nd respondents to secure the detenues namely, Rameeza Begum, wife of Sheik Mohamed, aged about 30 years and Aleena Jeseena, D/o.Rameeza Begum, aged about 31⁄2 years, and produce the detenues or body of the detenues before this Court and set them at liberty.

For Petitioner :

Ms.M.Benazir Begum For Respondents :

Mr.KMS.Sethuraman Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This habeas corpus petition has been filed by the petitioner alleging that his wife Rameeza Begum, aged about 30 years and her daughter Aleena Jeseena, aged about 31⁄2 years are missing.

2. The case of the petitioner is that the said Rameeza Begum was earlier married to one Muthu Mohamed Buhari and that due to his misbehaviour, she got separated from him and thereafter, the petitioner had married to the said Rameeza Begum and the child born to Muthu Mohamed Buhari and Rameeza Begum were with him. While so, on 29.02.2024, the parents of Rameeza Begum had come to his house and created trouble and took her and the child by force. Alleging that the third respondent is keeping them in his illegal detention, this habeas corpus petition is filed.

3. The third respondent is before this Court along with the

detenue viz., Rameeza Begum.

4. Learned counsel appearing for the third respondent submitted that the alleged detenue is the daughter of the third respondent and she is not in illegal detention.

5. We enquired the said Rameeza Begum and she submitted that the petitioner is known to her and that she is now living with her father on her own volition and she is not in illegal detention of anybody.

6. Finding that the alleged missing person is not in illegal detention of anybody, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] 05.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No abr

To:

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

2.The Inspector of Police, SS Colony Police Station, Madurai District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

abr 05.06.2024