Habeas corpus petition filed to secure release of petitioner’s wife detenue. Court held no illegal detention as it is a case of elopement; petition closed but investigation to continue.
Petition closed; investigation to proceed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN
H.C.P. No.962 of 2018
A.Manivannan ... Petitioner
-vs-
1.The Commissioner of Police,
Commissioner Office,
Nethimedu, Salem.
2.The Inspector of Police,
Salem Town Police Station,
Salem. ... Respondents
Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Habeas Corpus directing the second
respondent to produce the petitioner's wife detenue Amsaveni,
aged 30 years, before this Court and set her at liberty.
For Petitioner : Mr.J.Sudhakaran
For Respondents : Mr.R.Prathap Kumar
Addl. Public Prosecutor
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.]
Seeking a direction to the second respondent to produce the petitioner's wife detenue Amsaveni, aged 30 years, before this Court and set her at liberty, the present habeas corpus petition has been filed.
2.The petitioner is the husband of the detenue. A complaint has been given by him interalia alleging that the detenue has left with one Prabhakaran in view of the prior dispute between him and her husband
3.Learned Additional Public Prosecutor submits that it is a case of elopement of the detenue with one Prabhakaran. A case has been registered for man missing for the missing of the said person.
4.Considering the above, we do not find any illegal detention involved and the habeas corpus petition stands closed. However, the investigation shall be proceeded with and as and when the detenue is secured, she should be produced before the jurisdictional Magistrate.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
mmi/ssm
To
1.The Commissioner of Police,
Commissioner Office,
Nethimedu, Salem.
2.The Inspector of Police,
Salem Town Police Station,
Salem.
3.The Public Prosecutor,
High Court, Madras.
H.C.P. No. 962 of 2018
SRG 21/10/2019
1 issue framed by the court
Whether a writ of habeas corpus can be issued directing the second respondent to produce the petitioner’s wife detenue and set her at liberty in a case of elopement.
1 provisions across 1 enactments
A.Manivannan
The Commissioner of Police
The Inspector of Police
M.M.SUNDRESH
RMT. TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
