Mohammed Anifa v. The Superintendent Of Police

H.C.P.(MD)No.689 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2019

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.689 of 2019 Mohammed Anifa ... Petitioner/Father of Petitioner Vs.

1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul 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 or person of the detenu, namely M.Bahadur Batcha, son of Mohammed Anifa, aged about 29 years before this Court and set him at liberty.

For Petitioner : Mrs.D.Farjana Ghoushia For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

(Order of the Court was made by M.SATHYANARAYANAN,J) The petitioner is the father of the major detenu, viz., M.Bahadur Batcha and he is also a married man and alleging that he is found missing from 09.07.2019 onwards, has lodged a complaint on the file of the second respondent, based on which, C.S.R.No.462 of 2019 was assigned. The petitioner, in this Habeas Corpus Petition, prays for production of his son for the reason that being the father, is apprehending safety, whereabouts and well being of his son.

2. This Habeas Corpus Petition was entertained on 25.07.2019. A mention was made by the learned Additional Public Prosecutor on the ground that the detenu has been secured and accordingly, the matter is listed today and the detenu has also been produced before https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.689 of 2019 this Court.

3. This Court heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State and also interacted with the detenu and he would state that on account of his matrimonial dispute between him and his wife, viz., S.Asha Parveen, he left the matrimonial home and went to Tenkasi and eking his livelihood as tailor and further would state that now he is willing to go back to the matrimonial home.

4. The wife of the detenu is also present before this Court and she has also been enquired into by this Court.

5. In the light of the fact that the detenu, being a major and he has been traced and he is willing to go back to his matrimonial home and live with with his wife, who is also present, no further orders are necessary in this Habeas Corpus Petition. Therefore, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul District.

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

Copy to:

The Section Officer, (2 Copies) Criminal Section, Madurai Bench of Madras High Court, Madurai.

H.C.P(MD)No.689 of 2019 06.08.2019 ssl JMN(19.08.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2