Madras High CourtHCP(MD)/1371/2018closed

J.Mahamudha Banu v. The Superintendent Of Police

2018-11-13Honourable Mr Justice R.Subbiah,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2018

CORAM:

THE HON'BLE Mr. JUSTICE R.SUBBIAH AND THE HON'BLE Mrs. JUSTICE R.THARANI H.C.P.(MD)No.1371 of 2018 J.Mahamudha Banu ... Petitioner Vs.

1.The Superintendent of Police, O/o District Superintendent of Police, Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Inspector of Police, Town Police Station, Pudukkottai, Pudukkottai District. ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the first respondent to produce the person or body of the petitioner's husband / detenue, namely, Jamal Mohammed, son of Abdul Ajees (aged 47 years) before this Court and set him at liberty. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.K.Dinesh Babu, APP

ORDER

(Order of the Court was made by R.SUBBIAH,J.) This Habeas Corpus petition has been filed. directing the first respondent to produce the person or body of the petitioner's husband / detenue, viz., Jamal Mohammed, son of Abdul Ajees (aged 47 years) before this Court and set him at liberty. 2.It is averred by the petitioner that her husband had gone to Saudi Arabia for employment. He worked there for a period of 8 years. On 16.09.2018 when he returned to India, he did not come to home. Hence, the petitioner tried to contact her husband over cell phone. But there was no response. After taking enormous efforts to trace her husband, she has preferred a complaint before the respondent / Police on 17.09.2018. Since the respondent / Police has not taken any steps to secure her husband, she has filed the present Habeas Corpus petition.

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3.Today when the matter is taken up for hearing, the respondent / Police produced the detenue. When we enquired the detenue, he stated that since he lost his job, he returned to India. Due to mental depression, he stayed in his friend's house for a period of 10 days. Due to which, he did not contact his wife for some time. When we enquired the petitioner, she stated that she has no objection to join with her husband / detenue. 4.In view of the production of the detenue before this Court, nothing survives for adjudication in this Habeas Corpus petition. Accordingly, this Habeas Corpus petition is closed. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Superintendent of Police, O/o District Superintendent of Police, Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Inspector of Police, Town Police Station, Pudukkottai, Pudukkottai District.

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

H.C.P.(MD)No.1371 of 2018 13.11.2018 NBJ ES/SKN/RSK/SAR 2/19.12.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/