Madras High CourtHCP(MD)/885/2023dismissed

Bamamani v. The Superintendent Of Police

2023-07-19Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR HCP(MD).No.885 of 2023 Bamamani : Petitioner Vs 1.The Superintendent of Police, Dindigul District, Dindigul.

2.State rep. by its The Inspector of Police, Town South Police Station, Dindigul District Crime No.149/2023 : Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the person or body of the detenu namely, Marimuthu S/o.Alagumalai aged about 47 years before this Court and set him at liberty.

For Petitioner : Mr.V.Karuna For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor 1/4

ORDER

(Order of the Court was made by M.S.RAMESH,J.) Complaining that the petitioner's husband, namely, Marimuthu, S/o.Alagumalai, aged 47 years went missing from 11.07.2023, the petitioner had given a complaint before the 2nd respondent, which came to be registered in Crime No.149/2023 as 'man missing'. It is, in this background, the present Habeas Corpus Petition has been filed.

2.It is not the case of the petitioner that her husband is in the illegal custody of someone. While that being so, the appropriate remedy available to the petitioner is to pursue the investigation that is pending in Crime No. 149/2023. This Court, while exercising its power under Article 226 of the Constitution of India, will not be justified in considering the prayer sought for in the present Habeas Corpus Petition. Accordingly, this petition is dismissed. [M.S.R.,J] [M.N.K.,J] 19.07.2023 Index : Yes / No Internet : Yes RR 2/4

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Town South Police Station, Dindigul District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

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M.S. RAMESH , J.

AND M.NIRMAL KUMAR, J.

RR HCP(MD).No.885 of 2023 19.07.2023 4/4