R. Raja Sekar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA R.Raja Sekar ... Petitioner/ Husband of the detenue -VsThe State of Tamil Nadu rep by 1.The Superintendant of Police, Madurai District, Madurai.

2.The Inspector of Police, Kallikudi Taluk Police Station, Madurai District.

... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce the person or body of the petitioner's wife namely Umamageshwari, aged about 27 years, W/o.R.Rajasekar, before this Court and to set her at liberty based on the FIR in Crime No.114/2025 dated 22.06.2025 and representation dated 14.07.2025 within stipulated time frame fixed by this Court. 1/4

For Petitioner : Mr.S.Sivaprakash For R1 to R4 : Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This Habeas Corpus Petition is filed to direct the respondents to produce the person or body of the petitioner's wife namely, Umamageshwari, aged about 27 years, W/o.R.Rajasekar, before this Court and to set her at liberty, based on the FIR in Crime No.114/2025 dated 22.06.2025 and representation dated 14.07.2025.

2.The case of the petitioner is that he got married to the missing person in the year 2017 and they were blessed with two children. While so, the petitioner's wife had gone out of his house on account of domestic problem. The petitioner had given a complaint on 22.06.2025 in person and despite registering the FIR in Crime No.114 of 2025 under Woman Missing, no action had been taken by the respondent police, thereby the present Habeas Corpus Petition is filed. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 2/4

4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents submitted that admittedly in the complaint, the petitioner had stated that his wife had gone out of him, due to domestic quarrel, leaving her husband and children. Further submitted that based on the complaint given by the petitioner a case has been registered in Crime No. 114 of 2025 under 'Woman Missing'. He further submitted that the respondent police are taking steps to find out out the whereabouts of the petitioner's wife and are also continuing with the investigation.

5.In view of the above, we find that the petitioner's wife is not under illegal detention and hence, the Habeas Corpus Petition stands closed with a direction to the second respondent to continue with the investigation and the Deputy Superintendant of Police, Thirumangalam, is directed to monitor the investigation.

[A.D.J.C.,J.] & [R.P.,J.] 01.08.2025 NCC:Yes/No Index:Yes/No Ns 3/4

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA.,J .

Ns To 1.The Superintendant of Police, Madurai District, Madurai.

2.The Inspector of Police, Kallikudi Taluk Police Station, Madurai District.

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

ORDER MADE IN 01.08.2025 4/4