Madras High CourtHCP(MD)/865/2020dismissed

R.Janani v. The Superintendent Of Police

2020-11-04Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD) No.865 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.865 of 2020 R.Janani ... Petitioner -vs1.The Superintendent of Police Theni District, Theni 2.The Inspector of Police Devadhanapatti Police Station Periyakulam Taluk Theni District ... 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 produce the body of detenue the petitioner's husband namely Raja, son of Veeranan, aged about 33 years, before this Court and set him at liberty.

For Petitioner :

Mr.B.Sudha Sathyananth For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents to produce her husband, namely Raja, son of Veeranan, aged about 33 years, before this Court and set him at liberty.

2. According to the petitioner, on 10.10.2020 at 04.00 a.m. six persons came to her house and introduced themselves as Police officials, however, they were in mufti and took her husband Raja. It is the case of the petitioner that no proper arrest was made and the second respondent has not taken any action on the basis of the complaint lodged by her.

3. When the matter is taken up for hearing, Mr.K.Dinesh Babu, learned Additional Public Prosecutor, who takes notice for the respondents, submitted that the detenu is involved in a case https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.865 of 2020 in Crime No.292 of 2020, on the file of Gudivada Police Station, Krishna District, Andhra Pradesh and he was arrested in that case and now, he is in judicial custody.

4. In the light of the above submissions of the learned Additional Public Prosecutor, no further adjudication is required in this habeas corpus petition and the same is, therefore, dismissed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) KRK 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 Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Devadhanapatti Police Station, Periyakulam Taluk, Theni District.

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

H.C.P.(MD) No.865 of 2020 04.11.2020 VR(CO) KM (11.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2