Meera Mydeen v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 30.07.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P. (MD) NO. 710 OF 2019 Meera Mydeen .. Petitioner - Vs -

1. The Superintendent of Police Dindigul District Dindigul.

2. The Inspector of Police Ambilikkai Police Station, Ottanchathiram Taluk Dindigul District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of habeas corpus directing the 1st & 2nd respondents to produce the petitioner's wife, viz., Sharmila Begam, D/o Jakeer Usen, aged about 26 years, before this Hon'ble Court and set her at liberty.

For Petitioner : Mr. P.Manikandan For Respondents : Mr. K.Dinesh Babu, APP

ORDER

(Order of the Court was made by M.Sathyanarayanan, J.) The petitioner claims to be the husband of the detenue, viz., Sharmila Begam and according to him, both of them got married on 30.01.2013 and lived happily for six years. It is further stated that his mother-in-law, under the pretext of taking her daughter to her parental home, took her, but however, both of them are found missing and the complaint given in this regard did not evoke any response and, therefore, the petitioner came forward to file the present petition.

2. Mr.Dinesh Babu, learned Addl. Public Prosecutor, accepts notice for the 2nd respondent, on instructions, submit that based on https://hcservices.ecourts.gov.in/hcservices/ ___________ HCP No.710/2019

the complaint given by the petitioner, a case in Crime No.80/2019 for 'Woman Missing' has been registered and investigation is on.

3. Heard the learned counsel appearing for the petitioner and the learned Addl. Public Prosecutor appearing for the respondents and perused the materials available in the typed set of documents.

4. A perusal of the complaint disclose that when the petitioner made an attempt to see his wife, she, along with her mother, just vanished. However, this Court, taking into consideration the anxiety of the petitioner, being the husband of the detenue, directs the 2nd respondent to conduce fair, proper and speedy investigation of the case in Crime No.80/2019 and as and when the detenue is traced, inform the petitioner in advance and, thereafter, produce the detenue before the Court of Judicial Magistrate, Ottanchathiram, for passing appropriate orders as to her custody. The 2nd respondent shall also periodically inform the petitioner of the progress made in the investigation.

5. This habeas corpus petition is disposed of accordingly. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) To

1. The Superintendent of Police Dindigul District, Dindigul.

2. The Inspector of Police Ambilikkai Police Station, Ottanchathiram Taluk Dindigul District.

3. The Judicial Magistrate, Ottanchathiram

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

+1 CC to M/s.P.MANIKANDAN, Advocate ( SR-78424[F] dated 30/07/2019 ) H.C.P. (MD) NO. 710 OF 2019 30.07.2019 GLN JMN(22.08.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ _________ HCP No.710/2019