IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.03.2017 CORAM THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE DR.JUSTICE ANITA SUMANTH H.C.P.No.2419 of 2017 C. Elumalai Petitioner Vs
1. The Superintendent of Police, Office of Superintendent of Police, Thiruvallur, Thiruvallur District
2. The Inspector of Police, T-6, Avadi Police Station, Avadi, Chennai – 600 054
3. Athinarayanan Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS or any other order or direction in the nature of writ directing the respondents to produce the body and person of the petitioner's wife J. Devi, aged about 26 years before this Court and set her at liberty.
[Order of the Court was made by S.NAGAMUTHU.J] The petitioner is the husband of one J. Devi, aged about 26 years. According to the petitioner, she has been found missing from 21.03.2016 onwards. She has left her child also. In this regard, the petitioner has given a complaint, based on which, a case in Cr.No.619 of 2016 was registered on 08.04.2016. But, so far, she has not been secured. Therefore, the petitioner has come up with this Habeas Corpus Petition.
2. Today, the mother of the detenue also appeared before us along with her counsel. She told us that the whereabouts of her daughter is not known. However, she told us that on two occasions, her daughter Devi spoke to her over phone.
3. From the above narrated facts, it is inferable that Mrs.J. Devi is hiding somewhere. In our considered view, it is not an illegal detention. Therefore, we are unable to grant any relief sought by the petitioner. Hence the Habeas Corpus petition is dismissed. However, the respondents are directed to expedite the investigation.
sr/sts Speaking order/Non speaking order Index:Yes/No Internet: Yes / No To
1. The Superintendent of Police, Office of Superintendent of Police, Thiruvallur, Thiruvallur District
2. The Inspector of Police, T-6, Avadi Police Station, Avadi, Chennai – 600 054
3. The Public Prosecutor, High Court, Madras.
[S.N.,J.] [A.S.M.,J.] 28.03.2017
S.NAGAMUTHU, J.
AND Dr.ANITA SUMANTH, J.
sr/sts H.C.P.No.2419 of 2016 28.03.2017