Packiaraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.751 of 2019 Packiaraj ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Vachakkarapatty Police Station, Virudhunagar, Virudhunagar District.

3.Navaneethakrishnan ... Respondents Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenue by name Mrs.Selvi, aged about 23 years, who is the petitioner's wife before this Hon'ble Court and set her at liberty. For Petitioner : Mr.R.Murugappan For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

(Order of the Court was made by M.SATHYANARAYANAN, J.) The petitioner is the husband of the detenue viz., Mrs.Selvi, aged about 23 years and according to him, out of the wedlock two children were born them and it is the specific case of the petitioner that the third respondent herein, who is regularly involving in women trafficking took away his wife and fearing her safety, wellbeing and whereabouts of his wife, he lodged a complaint with the second respondent, based on which, a case in Crime No.226 of 2019 on 08.08.2019 for "woman missing" has been registered. 2.A mention was made by Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents for the reason that the detenue has been traced and produced and accordingly, this case has been listed today.

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3.The detenu would state that she on her own went with the third respondent and now she is willing to go with the petitioner. The petitioner, who is present before this Court, is also willing to take back his wife.

4.The learned Additional Public Prosecutor on instructions would submit that the case in Crime No.226 of 2019 would be proceeded in accordance with law and a thorough probe would be conducted with regard to the allegations made against the third respondent in this petition and he would further add that the third respondent's wife did not lodge any complaint for the missing of her husband.

5.Since the detenue being a major and she is willing to go with the petitioner, who is present before this Court, no further order is necessary in this Habeas Corpus Petition and the same is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Vachakkarapatty Police Station, Virudhunagar, Virudhunagar District.

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

H.C.P(MD)No.751 of 2019 21.08.2019 sj MK (18.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/