Petitioner filed a writ of habeas corpus to produce his missing wife and set her at liberty. Court found she had eloped with another person and dismissed the petition without ordering production or production.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. No. 2574 of 2020
K.Ilangovan .. Petitioner
Vs.
1.The Inspector of Police,
Town Police Station,
Attur, Salem District.
2.The Deputy Superintendent of Police,
Deputy Superintendent Office,
Attur, Salem District.
3.The Superintendent of Police,
Superintendent Office, Salem District.
4.Mani
5.Chitra .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents to produce the detenue Amuthavalli, aged 38 years, wife of the petitioner herein before this Court and set her at liberty.
For Petitioner : Mr.R.Sivaraman For Respondents: Mr.R.Prathap Kumar, Addl. Public Prosecutor for R1 to R3
ORDER [Order of the Court was made by P.N.PRAKASH, J.]
Seeking a direction to the respondents to produce the detenue Amuthavalli, aged 38 years, wife of the petitioner herein, before this Court and to set her at liberty, the present habeas corpus petition has been filed.
2.It is the case of the petitioner that his wife Amuthavalli, aged 38 years, did not return home on 15.02.2020
and enquiries revealed that she had gone with the fourth respondent.
3.Today, Mr.P.Ganesan, Special Sub Inspector of Police, Attur Town Police Station, Salem District is present.
4.On instructions, the learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Attur Town P.S. Crime No.64 of 2020 for 'woman missing' has been registered by the police and the investigation is in progress; the enquiry revealed that the detenue has eloped with the fourth respondent.
5.Recording the same, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Attur Sub Division, Salem District to monitor the investigation in Attur Town P.S. Crime No.64 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she may be produced before the Judicial Magistrate - I, Attur, under intimation to the petitioner.
Sd/Assistant Registrar //True Copy// Sub Assistant Registrar mmi To 1.The Inspector of Police, Town Police Station, Attur, Salem District. 2.The Deputy Superintendent of Police, Deputy Superintendent Office, Attur, Salem District. 3.The Judicial Magistrate No.I, Attur. 4.The Superintendent of Police, Superintendent Office, Salem District. 5.The Public Prosecutor, High Court, Madras. H.C.P. No. 2574 of 2020 SR(CO) GN(05/02/2021)
1 issue framed by the court
Whether a writ of habeas corpus should be issued to produce the detenue wife before the Court and set her at liberty given she eloped privately.
1 provisions across 1 enactments
K.Ilangovan
Amuthavalli
The Inspector of Police, Town Police Station, Attur, Salem District
The Deputy Superintendent of Police, Deputy Superintendent Office, Attur, Salem District
The Superintendent of Police, Superintendent Office, Salem District
Mani
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
