Madras High CourtHCP(MD)/1656/2021dismissed

Arjunan v. The District Superintendent Of Police

2021-11-08Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan2 pages

H.C.P.(MD) No.1656 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN H.C.P.(MD) No.1656 of 2021 Arjunan ... Petitioner/Husband of the detenu Vs.

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

2.The Inspector of Police, All Women Police Station, Nanguneri, Tirunelveli District.

3.Sasi @ Sasikumar ... Respondents PRAYER: Habeas Corpus Petition is filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to secure the detenu and to produce the person or body of the detenu viz., Madhubala, wife of Arjunan, aged about 20 years, before this Court and set her at liberty. For Petitioner :

Mr.S.Muthumalairaja For R1 and R2 :

Mr.S.Ravi Additional Public Prosecutor

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN,J.] This Habeas Corpus Petition has been filed for a direction to the respondents 1 and 2 to produce the petitioner's wife viz., Madhubala, aged about 20 years, before this Court and set her at liberty.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Additional Public Prosecutor appearing for the respondents, on instructions submitted that the petitioner's wife Madhubala eloped with her paramour and she is a major.

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H.C.P.(MD) No.1656 of 2021

3. Considering the fact that the detenu being the major and she eloped with her paramour, this Court is not inclined to entertain this petition as it is not maintainable. Hence, the Habeas Corpus Petition is dismissed and it is for the petitioner to work out the remedy, in accordance with law.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The District Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, All Women Police Station, Nanguneri, Tirunelveli District.

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

ORDER MADE IN H.C.P.(MD) No.1656 of 2021 08.11.2021 PK(CO) GC/JGB(18.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2