IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 07.04.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No. 2576 of 2016 S. Kuttappan .. Petitioner Vs
1. State represented by The Commissioner of Police, Office of Commissioner of Police, Vepery, Chennai – 600 007
2. The Inspector of Police, J-7, Police Station, Velachery, Chennai – 600 042
3. The Sub Inspector of Police, J-7, Police Station, Velachery, Chennai – 600 042 .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus of any other appropriate writ or directing the respondents 2 and 3 to produce petitioner's wife viz., K. Bhuvaneshwari before this Court in FIR No.2336/2016 dated 04.11.2016 and handover her custody to the petitioner.
For Petitioner : Mr.N. Rajendran For Respondents : Mr.V.M.R. Rajentren Additional Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) The petitioner is the husband of one Mr.K. Bhuvaneshwari, aged about 65 years. According to the petitioner, she has been found missing from 13.10.2016 onwards. In this regard, a case was registered by the respondents in Cr.No.2336/2016 dated 04.11.2016 for “woman missing”. Since woman has not been secured, 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 submitted that Mrs.K. Bhuvaneshwari had borrowed from various persons and since the creditors pressurised her, she has gone underground.
2. From the above statement, we are satisfied that there is no illegal detention. Therefore, no relief could be granted to the petitioner. Hence the habeas corpus petition is dismissed. However, the respondent police shall expedite the investigation.
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1. The Commissioner of Police, State of Tamil Nadu, The Commissioner of Police, Office of Commissioner of Police, Vepery, Chennai – 600 007
2. The Inspector of Police, J-7, Police Station, Velachery, Chennai – 600 042
3. The Sub Inspector of Police, J-7, Police Station, Velachery, Chennai – 600 042 Vepery, Chennai – 600 007
4. The Public Prosecutor, High Court, Chennai (S.N.J.,) (A.S.M.J.,) 07-04-2017 S.NAGAMUTHU,J., And ANITA SUMANTH,J., sr/jer H.C.P.No.2576 of 2016 07-04-2017 http://www.judis.nic.in