IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 13.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.185 of 2017 B.Mahalakshmi .. Petitioner Vs The State represented by The Inspector of Police, Orleanpet Police Station, Orleanpet, Puducherry. .. Respondent Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or any other appropriate order or direction in the nature of Writ directing the respondent to produce the petitioner's husband Mr.G.Balaji, 28 years before this Hon'ble Court and set him at liberty.
For Petitioner : Mr.K.Mohamedhussen For respondents : Mr.V.M.R. Rajentren Addl. Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the wife of one Mr.G.Balaji. According to the petitioner, Mr.Balaji has been found missing from 08.06.2016 onwards. In this regard, on a complaint made by the petitioner, a case has been registered in Crime No.174/2016 on the file of the Orleanpet Police Station, Puducherry. Since, Mr.Balaji has not been secured so far by the Police, the petitioner has come up with this Habeas Corpus Petition.
2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the State would submit that Mr.Balaji had secured loan from various persons and since, he was unable to repay the same, he is escaped. The further investigation would reveal that there is no illegal detention of Mr.Balaji by anyone. The said statement is recorded.
3. In view of the same, the relief sought for by the petitioner could be granted. Accordingly, the Habeas Corpus Petition is dismissed with a direction to the respondent Police to continue the investigation and file a report as expeditiously as possible.
Index : Yes/no jbm To
1. The Inspector of Police, Orleanpet Police Station, Orleanpet, Puducherry.
2. The Public Prosecutor, gh Court, Chennai.
(S.N.J.,) (A.S.M.J.,) 13.03.2017
S.NAGAMUTHU,J.
And
ANITA SUMANTH,J.,
jbm H.C.P.No.185 of 2017 13.03.2017 http://www.judis.nic.in