A.Mohammed Ashik Ali v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE K.KUMARESH BABU K.Mohammed Ashik Ali ... Petitioner -vs1.The Superintendent of Police O/o. the Superintendent of Police Dindigul District 2.The Inspector of Police Town South Police Station Dindigul 3.Safiullah 4.Mohammed Ashraf Ali 5.Mohammed Siddique 6.Nasar 7.Riyaz ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the body

or person of the petitioner's wife, namely, S.Sainammal, wife of A.Mohammed Ashik Ali, aged about 21 years, before this Court and set her at liberty. For Petitioner :

Mr.A.Mohamed Riyaz For Respondents :

Mr.T.Senthil Kumar, Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by P.VELMURUGAN, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents 1 and 2 to produce his wife, namely, Sainammal, aged about 21 years, before this Court and set her at liberty.

2. According to the petitioner, he and the detenue are in love affairs. When the same came to know their knowledge, the respondents 3 to 7, who are relatives of the detenue, have forcibly taken the detenue with them stating that they would arrange their marriage after informing to their relatives. But, till date, the whereabouts of the detenue are not known to the petitioner. Hence, he has filed this habeas corpus petition.

3. Today, the respondents 1 and 2 have produced the detenue before this Court.

4. The petitioner and the respondents 4 and 6, who are the brothers of the detenue are also present before this Court.

5. On enquiry, the detenue submitted that she was staying with her parents in Tiruppur on her own volition and due to illness, she could not contact the petitioner. Now, she is willing to go with the petitioner. The petitioner is also ready to take the detenue with him.

6. In view of the above, it cannot be said that the detenue is under the illegal detention of the respondents 3 to 7.

7. Accordingly, this habeas corpus petition is closed. [P.V., J.] [K.B., J.] 06.10.2022 Index :

Yes / No Internet :

Yes / No krk / pkn

To:

1.The Superintendent of Police, O/o. the Superintendent of Police, Dindigul District.

2.The Inspector of Police, Town South Police Station, Dindigul.

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

P.VELMURUGAN , J.

and K.KUMARESH BABU, J.

krk / pkn 06.10.2022