P.Vishnu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA P.Vishnu ... Petitioner / Husband of Detenue Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Theni.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Theni.

3.The Inspector of Police, P.C.Patti Police Station, P.C.Patti, Theni.

4.Palaniraj 5.Latchmi 6.Divakar ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 to 3 herein to produce the body or person of a detenue 1/4

namely Charumathi W/o.Vishnu aged about 25 years herein before this Court and set her at liberty.

For Petitioner : Mr.S.Ramsundaravijayraj For Respondents : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor for R1 to R3.

O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 to 3. 2.The petitioner in the affidavit filed in support of the habeas corpus petition had described the detenue in three capacities. In one paragraph, he describes as his girl friend. In another paragraph, she has been described as his wife. In one another paragraph, she has been described as daughter.

3.The affidavit has been recklessly drafted, typed and filed. We expect the learned counsel to bestow a little more care and attention before finalizing the pleadings.

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4.It is open to the petitioner to file a fresh habeas corpus petition on the same cause of action.

5.This habeas corpus petition is dismissed.

(G.R.S. J.,) & (R.P. J.,) 12.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Superintendent of Police, Office of the Superintendent of Police, Theni.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Theni.

3.The Inspector of Police, P.C.Patti Police Station, P.C.Patti, Theni.

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 12.12.2024 4/4