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K Devan vs The State Rep By Its Sub Inspector Of Police And Others

Madras High Court|23 March, 2017
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JUDGMENT / ORDER

[Order of the Court was made by S.NAGAMUTHU.J] The petitioner is the father of one Ms.Aswini, aged 22 years. The second respondent is her husband. According to the petitioner, Ms.Aswini has been found missing from 02.08.2016 onwards. In this regard, a case has also been registered on the file of the first respondent. Since, detenue has not been secured so far, the petitioner has come up with this Habeas Corpus Petition.
2. It is submitted by the learned Additional Public Prosecutor on instructions from the first respondent that the detenue has sent a letter to the Police, as early as on 16.06.2016, wherein, she has stated that the marriage between her and the second respondent was celebrated on compulsion and without her willingness, therefore, she has come out on her own accord and now, she is safely living elsewhere. She has further requested the Police not to search her. The said statement is recorded.
3. In view of the said letter, it came to light that there is no illegal detention of the detenue. But, at the same time, we would like to clarify that “Whether the said letter is true or not ?”. The same has to be investigated by the Police. Similarly, the investigation shall go on to search the detenue.
4. With the above observations, the Habeas Corpus Petition is closed.
[S.N.,J.] [A.S.M.,J.] 23r d March 2017 jbm/raja Speaking order/Non speaking order Index:Yes/No To
1. The State rep. by its Sub-Inspector of Police, Elavanasurkottai Police Station, Villupuram district, Tamil Nadu.
2. The Public Prosecutor, High Court, Madars.
S.NAGAMUTHU, J.
AND ANITA SUMANTH, J.
jbm/raja H.C.P.No.2538 of 2016 23.03.2017
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Title

K Devan vs The State Rep By Its Sub Inspector Of Police And Others

Court

Madras High Court

JudgmentDate
23 March, 2017
Judges
  • S Nagamuthu
  • Anita Sumanth