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Madras High CourtHCP(MD)/1470/2024dismissed

R.Kaleeswari v. The State Of Tamil Nadu

2024-11-29Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA R.Kaleeswari ... Petitioner/Wife of the Detenu Vs.

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

2.The Inspector of Police, Sathur Town Police Station, Virudhunagar District.

... Respondents (Crime No. 68 of 2023) PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents to produce the person or body of the petitioner's husband namely, Vetri Eswaran aged about 26/2024, before this Court and set him at liberty.

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For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard the learned counsel on either side.

2.The petitioner is the wife of the detenu. The petitioner's husband went missing on 12.02.2023. The petitioner lodged complaint. It was registered as Crime No.68 of 2023 on the file of the second respondent. The petitioner's husband was secured on 28.02.2023. The petitioner was also duly informed. The petitioner has also given a signed letter in this regard. It appears that the petitioner's husband has once again gone missing. The respondent police suspect that it is a case of elopement. In such matters, the question of maintaining habeas corpus petition will not arise at all. The petitioner will have to pursue her remedy elsewhere. 2/4

3.This habeas corpus petition is dismissed.

(G.R.S. J.,) & (R.P. J.,) 29.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Superintendent of Police, O/o. the Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Sathur Town Police Station, Virudhunagar District.

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 29.11.2024 4/4