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Madras High CourtHCP(MD)/1312/2018dismissed

Sundrammal v. The Superintendent Of Police

2019-02-12Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.1312 of 2018 Sundrammal ... Petitioner -vs1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, Perungudi Police Station, Madurai District.

3. Sethuraman

4. Pandieswari ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the 1st and 2nd respondents to produce the detenue Karuppiah aged 26 years the petitioner's husband, before this Court and set him at liberty. For Petitioner : No appearance For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] There was no representation for the petitioner continuously and therefore, this Court posted the matter today (i.e.12.02.2019) under the caption "For Dismissal". Today also, there is no representation for the petitioner.

2. On a perusal of the affidavit filed in support of the habeas corpus petition, it is the grievance of the petitioner that her husband Karuppiah went missing since 02.06.2018, in connection with which, on the complaint given by the petitioner, a case in Perungudi Police Station Crime No.196 of 2018 has been registered for man https://hcservices.ecourts.gov.in/hcservices/

missing and the investigation is in progress.

3. The learned Additional Public Prosecutor submitted that the petitioner's husband Karuppiah had developed intimacy with Pandieswari (fourth respondent) and eloped with her. He also submitted that on the complaint lodged by Sethuraman (third respondent), who is the father of Pandieswari, a case in Thirubuvanam Police Station Crime No.187 of 2018 for woman missing has been registered and thus, two cases have been registered in two different Police Stations to locate Karuppiah and Pandieswari.

4. In such view of the matter, this Court does not find that the detenu is in the illegal detention of anyone warranting issuance of a writ of habeas corpus.

5. In the result, the habeas corpus petition is dismissed. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, Perungudi Police Station, Madurai District.

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

KRK TE : 26/02/2019 : 2P/4C H.C.P.(MD) No.1312 of 2018 12.02.2019 https://hcservices.ecourts.gov.in/hcservices/