Disposed

G.Kubendiren v. the Superintendent of Police

Madras HC8 Jan 2021HCP/2549/2020

Case brief

AI extract

What is this about?

The petitioner filed a writ of habeas corpus under Article 226 seeking the production and liberation of his missing wife and minor son. Upon verification, the Court found that the missing persons were located, produced before a Judicial Magistrate, and the wife stated her preference to return to her natal home. Consequently, the Court closed the petition.

What did the court decide?

The habeas corpus petition was closed after the missing wife and son were located and returned to the wife's natal home.

G.Kubendiren Vs the Superintendent of Police — Domestic Violence | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.01.2021

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Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM

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H.C.P. No. 2549 of 2020

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G.Kubendiren ..Petitioner

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Vs.

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The Superintendent of Police
Tirupattur District.
2. The Inspector of Police,
Tirupattur Town Police Station,
Tirupattur District. ..Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondents herein to produce the petitioner's wife K.Revathi, aged about 23 years, and his minor son K.Vishwa, aged about 4 years, before this Court and set them at liberty.

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For Petitioner .. Mr.V.Gopalasamy For Respondents .. Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 and R2

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ORDER

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[Order of the Court was made by P.N.PRAKASH, J.]

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Seeking a direction to the respondents herein to produce the petitioner's wife K.Revathi, aged about 23 years, and his minor son K.Vishwa, aged about 4 years, before this Court and to set them at liberty, the present habeas corpus petition has been filed.

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It is the case of the petitioner that his wife Revathi had gone missing with his four year old son from 11.12.2020 and that the police have not taken any effective steps to secure them.

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Today, Mr.K.Ramesh, Special Sub-Inspector of Police, Tirupattur Town Police Station, is present.

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

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On instructions, the learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Crime No. 1548 of 2020 was registered for woman missing and boy missing and they were secured on 29.12.2020 and they were produced before the Judicial Magistrate I, Tirupattur. When they were produced, the petitioner's wife stated that she does not want to go with the petitioner and therefore, she was sent to her natal home.

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Recording the same, the habeas corpus petition is closed.

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Sd/-

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Assistant Registrar(cs vi)
//True Copy//
ssm Sub Assistant Registrar
To
1. The Judicial Magistrate I,
Tirupattur.
2. The Superintendent of Police
Tirupattur District.
3. The Inspector of Police,
Tirupattur Town Police Station,
Tirupattur District.
4. The Public Prosecutor,
High Court, Madras.
H.C.P. No. 2549 of 2020
vg ii(CO)
rv(01/02/2021)

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

G.Kubendiren v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

G.Kubendiren v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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