Allowed

Balamurugan v. State Rep by the Superintendent of Police

Madras HC24 Nov 2022HCP/2395/2022

Case brief

AI extract

What is this about?

The petitioner sought a writ of habeas corpus for his missing wife. The Court rejected the claim of illegal custody upon receiving police instructions that she had eloped with another man, but directed supervision of the investigation and production if she is secured.

What did the court decide?

Habeas corpus petition closed; directed supervision of investigation and production of the detenue before the District Munsif-cum-Judicial Magistrate upon securing her.

Balamurugan Vs State Rep by the… — Constitutional and Fundamental Rights | Madras HC (2022)

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H.C.P.No.2395 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.11.2022

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Coram

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The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice G.CHANDRASEKHARAN

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H.C.P.No.2395 of 2022

Balamurugan

.. Petitioner

1.State represented by The Superintendent of Police, Cuddalore, Cuddalore District.

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2.State represented by The Inspector of Police, Vadalur Police Station, Cuddalore District. .. Respondents

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Petition filed under Article 226 of the Constitution of India to issue a

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writ of Habeas Corpus directing the second respondent police to produce the petitioner's wife viz . Priyadharshini, aged about 25 years, before this Court and set her at liberty.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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H.C.P.No.2395 of 2022

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For Petitioner : Ms.V.Indumathi For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

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ORDER

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(Made by P.N.PRAKASH, J. )

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This habeas corpus petition has been filed by the petitioner seeking a

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direction to the second respondent/police to produce his wife viz . Priyadharshini, aged about 25 years, before this Court and set her at liberty.

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It is the case of the petitioner that his wife Priyadharshini, aged

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about 25 years, went missing from 20.08.2022 and that the police are not taking effective steps to secure her.

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Today, G.Mageshwari (Mobile No.93455 86582), Sub-

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Inspector of Police, Vadalur Police Station, Cuddalore District, is present.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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H.C.P.No.2395 of 2022

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On instructions, the learned Additional Public Prosecutor

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submitted that on a complaint given by the petitioner, a case in Vadalur Police Station Crime No.448 of 2022 has been registered on 24.08.2022 for “woman-missing” and during the course of investigation, it came to light that Priyadharshini developed intimacy with one Vinoth Ramachandran and eloped with him.

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In such view of the matter, it cannot be stated that

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Priyadharshini, aged about 25 years, is in the illegal custody of the respondents herein for the issuance of a writ of habeas corpus.

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Hence, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Neyveli Sub-Division, Cuddalore District, to supervise the investigation in Crime No.448 of 2022 that is being conducted by the Inspector of Police, Vadalur Police Station, Cuddalore District and keep the petitioner informed of the developments, if any. As and when the detenue Priyadharshini, aged about 25 years, is secured, she shall

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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H.C.P.No.2395 of 2022

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be produced before the District Munsif-cum-Judicial Magistrate Court, Kurinjipadi, Cuddalore District, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law.

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(P.N.P., J.) (G.C.S.,

J.) nsd

24.11.2022

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https://www.mhc.tn.gov.in/judis

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H.C.P.No.2395 of 2022

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1.The District Munsif-cum-Judicial Magistrate, Kurinjipadi, Cuddalore District.

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2.The Superintendent of Police, Cuddalore, Cuddalore District.

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3.The Deputy Superintendent of Police, Neyveli Sub-Division, Cuddalore District.

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4.The Inspector of Police, Vadalur Police Station, Cuddalore District.

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5.The Public Prosecutor, High Court, Madras.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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H.C.P.No.2395 of 2022

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P.N.PRAKASH, J. and G.CHANDRASEKHARAN, J.

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nsd

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H.C.P.No.2395 of 2022

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24.11.2022

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Page 6 of 6

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https://www.mhc.tn.gov.in/judis

Balamurugan v. State Rep by the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Balamurugan v. State Rep by the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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