Thanga Nagarajan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Thanga Nagarajan ... Petitioner -vs1.The Superintendent of Police Thoothukudi District Thoothukudi 2.The Inspector of Police Alwarthirunagari Police Station Thoothukudi District 3.Paulraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to secure and produce the body or person of the detenue, namely, Naveena, wife of Thanga Nagarajan, aged about 22 years, from the illegal custody of the third respondent and produce her before this Court and set her at liberty.

For Petitioner :

Mr.T.Lenin Kumar For Respondents :

Mr.RMS.Sethuraman Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents 1 and 2 to secure his wife, namely, Naveena, aged about 22 years, produce her before this Court and set her at liberty.

2. The case of the petitioner is that he got married to the alleged detenue, namely, Naveena, daughter of Paulraj / third respondent herein. She is studying B.Ed., in Dr.G.U.Pope College of Education, Thoothukudi. On 20.05.2024, she went to College at 09.00 a.m., but she did not return back even after 07.00 p.m. On enquiry, he came to know that the third respondent, father of the detenue, has abducted her and detained her in his illegal custody. Though he lodged a complaint before the respondent - Police, they have not taken any steps to secure the detenue. Hence, the petitioner has filed this habeas corpus petition.

3. Notice to the respondents was ordered on 29.05.2024. Pursuant to the same, today the alleged detenue is produced before this Court by the respondent - Police.

4. On enquiry, the alleged detenue submitted that the petitioner is known to her. However, she would submit that she is not in illegal detention of anybody as alleged by the petitioner. Further, she submitted that she wants to go with her father / third respondent.

5. In view of the above submission, we are of the view that the detenue is not in illegal detention. Hence, this habeas corpus petition is closed.

[A.D.J.C., J.] [K.R.S., J.] 03.06.2024 NCC :

Yes / No Index :

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Yes / No krk

To:

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

2.The Inspector of Police, Alwarthirunagari Police Station, Thoothukudi District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 03.06.2024