In a habeas corpus petition filed regarding the missing wife of the petitioner, the court closed the petition after the State alleged she eloped with the third respondent, directing police to investigate and produce her before a Magistrate.
Petition closed; directions to DPS Gingee to supervise investigation and produce the woman before the Magistrate.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
H.C.P.NO.1650 OF 2021
K.Nagarajan
.. Petitioner
Vs.
1. State represented by
The Superintendent of Police,
Office of the Superintendent of Police,
Villupuram District.
2. State represented by
The Inspector of Police,
Kanjanur Police Station,
Villupuram District.
3. Ashokan
.. Respondents
Petition filed under Article 226 of the Constitution of
India to issue a writ of Habeas Corpus directing the 2nd
respondent to produce the petitioner's wife N.Sumathi, aged
about 40 years, before this Court, who is now in the illegal
detention and custody of the 3rd respondent herein and set her at
liberty.
For Petitioner:Mr.D.Senthil Kumar
For Respondents:Mr.R.Muniyapparaj,
Addl. Public Prosecutor
ORDER
[Order of the Court was made by S.SRIMATHY, J.]
This habeas corpus petition has been filed seeking to
direct the 2nd respondent to produce the petitioner's wife
N.Sumathi, aged about 40 years, before this Court, who is now in
the illegal detention and custody of the 3rd respondent herein
and set her at liberty.
2. It is the case of the petitioner that his wife
Sumathi, aged about 40 years, went missing from 25.08.2021 and
that the police are not taking effective steps to secure her.
3. On instructions, the learned Additional Public
Prosecutor submitted that on a complaint given by the
petitioner, a case in Kanjanur Police Station Crime No.422 of
2021 for 'woman missing' was registered on 26.08.2021 and during
the course of investigation, it came to light that Sumathi has
eloped with Ashokan, third respondent herein.
In such view of the matter, this habeas corpus petition
stands closed and we direct the Deputy Superintendent of Police,
Gingee, to supervise the investigation in Kanjanur Police
Station Crime No.422 of 2021 and keep the petitioner informed of
the developments, if any. As and when Sumathi, aged about 40
years, is secured, she shall be produced before the District
Munsif-cum-Judicial Magistrate Court, Vikravandi, under
intimation to the petitioner. On such production, the learned
Magistrate shall pass appropriate orders with regard to custody
in accordance with law.
Sd/-
Assistant Registrar(CO)
// True Copy //
Sub Assistant Registrar
nsd
To
1. The District Munsif-cum-Judicial Magistrate, Vikravandi.
2. The Deputy Superintendent of Police,Gingee. |
|
|---|---|
3. The Superintendent of Police,Office of the Superintendent of Police,Villupuram District. |
|
4. The Inspector of Police,Kanjanur Police Station,Villupuram District. |
|
5. The Public Prosecutor, |
|
High Court, Madras. |
|
H.C.P.No.1650 of 2021 |
|
BP(CO) |
|
RLP(22/11/2021) |
1 issue framed by the court
Whether the habeas corpus petition directing production of N.Sumathi accepted as surrendered husband
K.Nagarajan
State represented by The Superintendent of Police, Villupuram District
Ashokan
P.N. Prakash
S. Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court