Madras High CourtHCP(MD)/1267/2024dismissed

M.Nanthini v. The State Of Tamil Nadu

2024-11-07Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

1 H.C.P.(MD)NO.1267 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R. POORNIMA H.C.P.(MD)No.1267 of 2024 Nanthini ... Petitioner Vs.

1. The Commissioner of Police, O/o.the Commissioner of Police, Madurai District.

2. The Inspector of Police, Thirunagar police station, Thirunagar, Madurai City.

(Crime No.517 of 2024) ... 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 produce the person or body of the petitioner's husband namely Manojkumar aged about 30 years before this Court and set him at liberty.

For Petitioner : Mr.C.Prithviraj For Respondents : Mr.E.Antony Sahaya Probahar, Additional Public Prosecutor.

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2 H.C.P.(MD)NO.1267 OF 2024

O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard both sides.

2. The petitioner's husband is missing since 15.09.2024. In this regard, Crime No.517 of 2024 has been registered by the second respondent.

3. We do not want to keep the HCP pending on our file. Even according to the petitioner, as admitted in the affidavit filed in support of this petition, her husband had left the matrimonial home due to family quarrel. It is not a case of illegal custody. This petition is not maintainable. We, however, direct the second respondent to take all possible steps to trace the missing person.

4. With this aforesaid direction, this Habeas Corpus petition is dismissed.

(G.R.SWAMINATHAN, J.) & (R. POORNIMA, J.) 7th November 2024 NCC : Yes / No 2/4

3 H.C.P.(MD)NO.1267 OF 2024 Index : Yes / No Internet : Yes / No PMU To:

1. The Commissioner of Police, O/o.the Commissioner of Police, Madurai District.

2. The Inspector of Police, Thirunagar police station, Thirunagar, Madurai City.

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

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4 H.C.P.(MD)NO.1267 OF 2024 G.R.SWAMINATHAN, J.

AND R. POORNIMA, J.

PMU H.C.P.(MD)No.1267 of 2024 07.11.2024 4/4