Habeas Corpus petition filed by mother of a defunct husband to produce Kamala Devi, alleged detenu. Court held case unfit as police traced her, she accused petitioner of torture, and missing person case was closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.05.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN
H.C.P(MD)No.660 of 2017
A.Sirunachiammal
.. Petitioner
Vs.
Dindigul Taluk Police Station,
Dindigul District
4.Karthi
5.Gomathi
.. Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the 2nd respondent to produce the person or body of the detenu namely Kamala Devi aged about 25 years daughter-in-law of the petitioner before this Court and set her at liberty.
For Petitioner : Ms.S.E.Monica Vincent For Respondents : Mr.C.Ramesh for R1 & R2
Addl. Public Prosecutor
ORDER
(Order of the Court was made by P.N.PRAKASH, J. )
This petition has been filed for a direction to the 2nd respondent to produce the person or body of the detenu namely Kamala Devi aged about 25 years daughter-in-law of the petitioner before this Court and set her at liberty.
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3.Mr.S.Joseph Savaridass, Special Sub Inspector of Police, Dindigul Taluk Police Station is present before this Court.
4.The learned Additional Public Prosecutor, on instructions, submitted that the detenue was traced by the police in Suvedhar Ladies Asylum and her statement was recorded, whein, she has stated that she is living away from her husband and mother-in-law, because she was not able to withstand their torture. The learned Additional Public Prosecutor also submitted that the case in Crime No.709/2016 has been closed.
In view of the above, this is not a fit case, in which, a writ of Habeas Corpus would be issued for production of the detenu. Accordingly, this petition is closed.
Sd/-
Vacation Officer
/True copy/
Sub Assistant Registrar
To
1.The Superintendent of Police, Dindigul, Dindigul District
2.The Inspector of Police, Dindigul Police Station, Dindigul District
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.E.MONICA VINCENT, Advocate, SR No. 55660 RR PSM/SV/SAR4/09.05.2017/2P/5C
ORDER MADE IN H.C.P(MD)No.660 of 2017 04.05.2017
1 issue framed by the court
Whether there exists a fit case for issuing a writ of Habeas Corpus to produce the detenu before the Court.
1 provisions across 1 enactments
A.Sirunachiammal
The Superintendent of Police, Dindigul
The Inspector of Police, Dindigul Taluk Police Station
P.N.PRAKASH
N.AUTHINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
