Dismissed

A.Murugesan v. Superintendent of Police

Madras HC25 Oct 2021HCP/1687/2021

Case brief

AI extract

What is this about?

In this habeas corpus petition regarding missing family members, the wife and minor son were found in the Police Station's records. The wife stated she did not want to join the husband and intended to file for divorce. The court closed the petition and directed the police to supervise the investigation and keep the petitioner informed until the family members are produced before the Magistrate for

What did the court decide?

Petition closed; directed DSP to supervise investigation; parties to be produced before Judicial Magistrate Cyclam for custody orders.

A.Murugesan Vs Superintendent of Police — Matrimonial and Divorce | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.10.2021

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH

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AND

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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H.C.P.NO.1687 OF 2021

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A.Murugesan

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.. Petitioner/Husband

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Vs.

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1. The Superintendent of Police,
 Office of the Superintendent of Police,
 Gopalapuram, Coimbatore,
 Tamil Nadu – 641 018.

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2. State represented by
 The Inspector of Police,
 D-4, Kuniamuthur Police Station,
 Coimbatore City, Coimbatore.

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.. Respondents

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Petition filed under Article 226 of the Constitution of
India to issue a writ of Habeas Corpus directing the 2nd
respondent to produce the body of the petitioner's wife
M.Jeyalakshmi, aged about 38 years and his minor son Srinivas,
aged about 12 years, bodily or in person before this court and
set them at liberty.

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For Petitioner:Mr.R.Shanmugam

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For Respondents:Mr.R.Muniyapparaj,
Addl. Public Prosecutor

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ORDER

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 [Order of the Court was made by S.SRIMATHY, J.]

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This habeas corpus petition has been filed seeking to
direct the 2nd respondent to produce the body of the petitioner's

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https://hcservices.ecourts.gov.in/hcservices/

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wife M.Jeyalakshmi, aged about 38 years and his minor son
Srinivas, aged about 12 years, bodily or in person before this
court and set them at liberty.

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2. It is the case of the petitioner that he got married
to Jeyalakshmi on 04.12.2003 and through the wedlock, he has two
children viz., Nithisha Sri, aged about 15 years and Srinivas,
aged about 12 years. It is his further case that his wife
Jeyalakshmi and his son Srinivas went missing from 25.02.2021
and thereafter, their whereabouts are not known and it is the
grievance of the petitioner that the police are not taking
effective steps to secure them, despite his complaint.

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3. On instructions, the learned Additional Public
Prosecutor submitted that on a complaint given by the
petitioner, a case in Kuniamuthur Police Station Crime No.219 of
2021 for 'woman and boy missing' was registered on 22.03.2021
and during enquiry, Jeyalakshmi appeared before the police on
24.10.2021 and gave her present address as No.86, Sriram Nagar,
Aranmanai Thottam, Edaiyarpalayam, Kuniamuthur, Coimbatore and
she stated that she does not want to join her husband and she is
intending to file a petition for divorce in the Family Court.

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4. In such view of the matter, this habeas corpus
petition stands closed and we direct the Deputy Superintendent
of Police, Kuniamuthur Sub-Division, to supervise the
investigation in Kuniamuthur Police Station Crime No.219 of 2021
and keep the petitioner informed of the developments, if any. As
and when Jeyalakshmi, aged about 38 years and Srinivas, aged
about 12 years, are secured, they shall be produced before the
Judicial Magistrate Court No.VII, Coimbatore, under intimation
to the petitioner. On such production, the learned Magistrate
shall pass appropriate orders with regard to custody in
accordance with law.

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Sd/-

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Assistant Registrar(CS-IX)

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// True Copy //

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Sub Assistant Registrar

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nsd

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https://hcservices.ecourts.gov.in/hcservices/

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`To`
`1.`	`The Judicial Magistrate No.VII,` `Coimbatore.`
`2.`	`The Deputy Superintendent of Police,` `Kuniamuthur Sub-Division.`
`3.`	`The Superintendent of Police,` `Office of the Superintendent of Police,` `Gopalapuram, Coimbatore,` `Tamil Nadu – 641 018.`
`4.`	`The Inspector of Police,` `D-4, Kuniamuthur Police Station,` `Coimbatore City, Coimbatore.`
`5.`	`The Public Prosecutor,` `High Court, Madras.`
`+1c`	`c to Mr.S.Saravanan, Advocate, S.R.No.54934`
	`H.C.P.No.1687 of 2021`
`BS(`	`CO)`
`RLP`	`(17/11/2021)`

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https://hcservices.ecourts.gov.in/hcservices/

A.Murugesan v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

A.Murugesan v. Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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