IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 17.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.2303 of 2016 S.Sekar .. Petitioner Vs
1. The state rep. by The Sub Inspector of Police, Vaideeswaran Koil Police Station, Nagapattinam District.
2. The state rep. by The Inspector of Police, Vaideeswaran Koil Police Station, Nagapattinam District.
3. The state rep. By The Superintendent of Police, Nagapattinam District. .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or any other appropriate Writ, Order or Direction more specifically in the nature of a Writ of Habeas Corpus directing the respondents to produce the detenu namely Senthamarai, Female, aged about 40 years, before this Court and may set him at liberty.
For Petitioner : Mr.A.Velmurugan For Respondents : Mr.V.M.R. Rajentren Addl. Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,)
1. The petitioner is the husband of one Mrs.Senthamarai, Female, aged about 40 years. According to the petitioner, she has been found missing from 28.02.2016 onwards. In this regard a complaint has been made by the petitioner. The second respondent has registered a case in Crime No.57 of 2016, for offences under section 366 IPC. Despite the same Mrs.Senthamarai has not been secured by the police is the grievance of the petition.
2. Today when the matter was taken up for hearing, the learned Additional Public Prosecutor, referring to the status report filed by the Inspector of police submitted that Mrs.Senthamarai, is eloped with one Mr.Shankar, and there is no illegal detention.
3. We have gone through the status report. Which explains the steps taken by the respondent police. Since we are satisfied that there is no illegal detention, we are unable to grant relief as prayed for by the petitioner. Therefore the Habeas Corpus Petition is dismissed. However we are make it clear that the second respondent shall continue the investigation.
(S.N.J.,) (A.S.M.J.,)
17-03-2017 Speaking order/Non-speaking order Index : Yes/no Internet : Yes/no jbm/jer To
1. The Sub Inspector of Police, Vaideeswaran Koil Police Station, Nagapattinam District.
2. The Inspector of Police, Vaideeswaran Koil Police Station, Nagapattinam District.
3. The Superintendent of Police, Nagapattinam District.
3.The Public Prosecutor, High Court, Chennai.
S.NAGAMUTHU,J.
And ANITA SUMANTH,J., jbm/jer Order in H.C.P.No.2303 of 2016
17-03-2017