J. Peter Shyam v. The Superintendent Of Police

Crl.O.P(MD)No.17155 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.17155 of 2019 J.Peter Shyam

...Petitioner

Vs.

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

2.The Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District.

3.T.Palani

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondents 1 and 2 to produce the body or person of the petitioner's wife, the detenue Amuthavalli, W/o.Peter Shyam, aged about 26 years, now illegally detained by the 3rd respondent, before this Hon'ble Court and set her at liberty forthwith.

For Petitioner: Mr.B.Anandan For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the respondents 1 and 2 to produce the body or person of the petitioner's wife, the detenue Amuthavalli, W/o.Peter Shyam, aged about 26 years, now illegally detained by the 3rd respondent, before this Court and set her at liberty forthwith.

2.The learned counsel for the petitioner submitted that the petitioner and the daughter of the third respondent fell in love and got married. Their marriage also registered before the Sub Registrar on 11.09.2019. Thereafter, her whereabouts are not known. He suspected that the third respondent being the father abducted the victim and kept her in illegal custody. Therefore, he sought for direction to produce the body or person of the petitioner's wife/detenue Amudhavalli.

3.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the daughter of the third respondent was secured and recorded her statement. In which, she categorically stated that no such marriage happened between the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17155 of 2019 petitioner and the victim and also she never fell in love with the petitioner. Now, she lives with her parents. Therefore, the prayer sought for by the petitioner cannot be granted now.

4. Recording the above said submission, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to approach the Court concerned seeking appropriate relief. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District.

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

Crl.O.P(MD)No.17155 of 2019 22.11.2019 SMA/11/12/19/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2