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Madras High CourtHCP(MD)/792/2020dismissed

P.Karthika v. The Commissioner Of Police

2020-10-14Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD) No.792 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.792 of 2020 P.Karthika Pandi ... Petitioner -vs1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Thidieer Nagar Police Station, Madurai.

3.P.Indirani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the first and second respondent to find detenu namely, Saravana Pandi aged about 21 years S/o Late Palanisamy, and produce him before this Court and hand over his custody to the petitioner herein. For Petitioner :

Mr.S.Saravanan For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor (for R1 and R2) Mr.V.Ohm Prakash (for R3)

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in this habeas corpus petition is to direct the respondents 1 and 2 to produce the detenu, namely, Saravana Pandi aged about 21 years S/o Late Palanisamy, before this Court and set him at liberty.

2.The petitioner is the daughter of the third respondent and the younger sister of the detenu. It is alleged that she was sent out after she married one Daniel, which is against the consent of the third respondent. It is further alleged that the third respondent has illegally detained the detenu. 3When the habeas corpus petition is taken up for hearing today, the detenu and the third respondent appeared before this Court through video conferencing from the Public Prosecutor Office. On enquiry, both have stated that the detenu is not under the illegal https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.792 of 2020 detention of the third respondent. Mr.Om Prakash, learned counsel representing the third respondent would state that the detenu is not interested to talk with the petitioner over phone, but without any basis, this habeas corpus petition has been filed. 4.In the light of the above statements, this Court finds no merits in this petition. Hence, this habeas corpus petition is dismissed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) skn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

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

2.The Inspector of Police, Thidieer Nagar Police Station, Madurai.

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

H.C.P.(MD) No.792 of 2020 14.10.2020 KG(CO) KK(03.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2