D.Eswari v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024 CORAM :
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MR.JUSTICE C.KUMARAPPAN D.Eswari ... Petitioner vs.
1. The Superintendent of Police, Dindigul District, Dindigul.
2. The Inspector of Police, Town North Police Station, Dindigul, Dindigul District.
3. Leela @ Deepa ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents 1 and 2 herein to produce the body or person of the petitioner's husband namely, Dhanasekar, S/o. Pandian, aged 27 years from the illegal custody of the 3rd respondent herein, before this Court and set him at liberty. For Petitioner : Mr.C.Ezhilarasu For R1 & R2 : Mr.RMS.Sethuraman Additional Public Prosecutor Page No.1 of 4
O R D E R
DR.G.JAYACHANDRAN , J.
C.KUMARAPPAN, J.
The petitioner has loved one Dhanasekar and married him in the year 2019. They both were living together for four years. On 04.07.2022, under the guise of searching job, her husband left the home but did not return. Attempt to trace him did not yield any fruitful result. Hence, she has given a complaint to the Police on 16.07.2022. The respondent/Police registered a case in Crime No.413/2022 for man missing. Suspecting that he might have been abducted by the 3rd respondent, another complaint been lodged and thereafter she has approached this Court by filing the HCP.
2.
The respondent/Police on notice after due investigation has secured Dhanasekar who was employed as Managing Director in Express Indian Jobs Private Ltd., Ariyankuppam, Pondicherry. The said Dhanasekar appeared before this Court and he refused to join with his wife for reasons best known to him. Being an adult, the Court cannot force him to join with his wife.
Page No.2 of 4
3.
Since the detenu been secured and no cause of action for the HCP survives, giving liberty to the petitioner to work out her remedy in the manner known to law, the Habeas Corpus Petition is closed and the Police shall also take note of the development in this case and proceed as per law. No costs.
(G.J., J.) (C.K., J.) 19.02.2024 Index : Yes / No : Yes / No bala To
1. The Superintendent of Police, Dindigul District, Dindigul.
2. The Inspector of Police, Town North Police Station, Dindigul, Dindigul District.
Page No.3 of 4
DR.G.JAYACHANDRAN , J.
C.KUMARAPPAN, J.
bala ORDER MADE IN DATED : 19.02.2024 Page No.4 of 4