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B Anand Viswanath vs The Superintendent Of Police And Others

Madras High Court|19 January, 2017
|

JUDGMENT / ORDER

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.01.2017 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE M.V.MURALIDARAN H.C.P.No.2712 of 2016 B.Anand Viswanath .. Petitioner Vs
1. The Superintendent of Police, Villupuram District, Villupuram.
2. The Inspector of Police, Tindivanam Town Police Station, Tindivanam.
3. Esantharaj .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing respondents to produce the body and person of the petitioner's wife, by name, E.Divya, aged about 25 years, now under the illegal custody of the third respondent, before this court and to set her at liberty, forthwith.
For Petitioner : Mr.S.Sathia Chandran For Respondents : Mr.V.M.R.Rajentran, APP for RR1 and 2 ORDER [Order of the Court was made by M.JAICHANDREN,J.] Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2.
2 This Habeas Corpus Petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Habeas Corpus, directing the respondents to produce the petitioner's wife, E.Divya, aged about 25 years, before this Court and to set her at liberty, forthwith.
3 At this stage of the hearing of the Habeas Corpus Petition, the second respondent police had produced the detenue before this court. The detenue, who is aged about 25 years, had stated that she has done B.D.S. Degree course and that she is living with her father, at Tindivanam. She had clearly stated that she is not in love with the petitioner and that there was no marriage between the petitioner and the detenue, as alleged by the petitioner. The detenue had further stated that the petitioner was her schoolmate. However, there was no communication between the detenue and the petitioner, as alleged by him. She had further stated that she would like to go along with her father, the third respondent herein, who is also present before this Court.
4 In such circumstances, we are of the view that it is appropriate to permit the detenue, to go along with her father, the third respondent herein, as per her wish. Accordingly, the detenue is permitted to go along with the third respondent, who is her father, as per her wish. No further orders are necessary in the present Habeas Corpus Petition. This Habeas Corpus Petition stands closed.
[M.J.,J.] [M.V.M.,J.] 19.01.2017 vvk To
1. The Superintendent of Police, Villupuram District, Villupuram.
2. The Inspector of Police, Tindivanam Town Police Station, Tindivanam.
3. The Public Prosecutor, High Court, Madras.
M.JAICHANDREN,J.
AND M.V.MURALIDARAN, J.
vvk H.C.P.No.2712 of 2016 19.01.2017 http://www.judis.nic.in
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Title

B Anand Viswanath vs The Superintendent Of Police And Others

Court

Madras High Court

JudgmentDate
19 January, 2017
Judges
  • M Jaichandren
  • M V Muralidaran