Sabapathi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA Sabapathi ... Petitioner/ Husband of the detenue -VsThe State of Tamil Nadu 1.The Superintendant of Police, Office of the Superintendant of Police, Theni District.
2.The Inspector of Police, Gudalur North Police Station, Theni District.
... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents No.1 and 2 to produce the person or body of the detenue by name Vimoshini, wife of Sabapathi, aged about 25 years and the petitioner's minor daughter Srisavi aged about 4 1/4
years before this Court and set him at liberty. For Petitioner : M/s.M.Prabhaharan For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor
ORDER
(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This petition is filed to direct the respondents to produce the person or body of the detenue by name Vimoshini, wife of Sabapathi, aged about 25 years and the petitioner's minor daughter Srisavi aged about 4 years before this Court. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents submitted that based on the complaint given by the petitioner, a case in Crime No.63 of 2025 was registered under Woman missing and Child missing respectively. During the investigation, it came to light that due to misunderstanding with her husband, she had gone to Kodumpudi and she was staying in one Premkumar's house. On coming to know 2/4
about the registration of the case, the said Premkumar had produced the missing person before the respondent police, who in turn had produced the missing person before the learned Judicial Magistrate, Uthamapalayam and that the complaint given by the petitioner was closed as further action was dropped. 4.In view of the submission made by the learned Additional Public Prosecutor, this Habeas Corpus Petition stands closed, since the missing person is not an illegal detention of anybody.
[A.D.J.C.,J.] & [R.P.,J.] 02.07.2025 NCC:Yes/No Index:Yes/No Ns To 1.The Superintendant of Police, Office of the Superintendant of Police, Theni District.
2.The Inspector of Police, Gudalur North Police Station, Theni District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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A.D.JAGADISH CHANDIRA, J.
AND R.POORNIMA.,J .
Ns ORDER MADE IN 02.07.2025 4/4