Rajkumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Rajkumar ... Petitioner -vs1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Iluppur Police Station, Pudukkottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to secure and produce the body or person of the detenu namely Poomathi, W/o.Rajkumar, aged about 25 years and produce her before this Court and set her at liberty. For Petitioner : Mr.E.Balasubramanian For R1 & R2 :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the husband of the detenu seeking to produce the alleged detenu namely Poomathi, W/o.Rajkumar, aged about 25 years before this Court and set her at liberty.

2. The case of the petitioner is that the marriage between the petitioner and his wife was solemnized on 09.06.2024 as per the Hindu Customs and rites and they are leading their matrimonial life happily. In the meantime, on 13.07.2024 at about 05.00 p.m., when the missing person has gone to his own Shree Krishna Chips Shop and she had not returned to home. He is unable to find out the whereabouts of the missing person. Hence, on 14.07.2024 he sent a representation to the first respondent to secure and produce the missing person. Based on the complaint given by the petitioner, the second respondent police has registered a case in Cr.No.177 of 2024 under "Woman Missing". Since the respondents have not taken any further steps, he has filed the present habeas corpus petition.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the missing person has returned back to home and she has appeared before the respondent police and she has given a statement before the respondent police that on her own volition she has left the matrimonial home.

4. In view of the above, finding that missing person is not under the illegal detention of anybody, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 25.07.2024 Index : Yes / No Internet : Yes / No am

To:

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

2.The Inspector of Police, Iluppur Police Station, Pudukkottai District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 25.07.2024