Petition by brother-in-law for habeas corpus to produce brother-in-law, wife, and daughter. Court held it was a case of voluntary elopement with no illegal detention, dismissing the petition and directing police to pursue the registered case.
Writ of habeas corpus dismissed; police directed to pursue the registered case.
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H.C.P.(MD) No.249 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2022 CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.(MD) No.249 of 2022
Anthonysamy ... Petitioner/brother in law of detenue
Vs.
1.The Superintendent of Police, Sivagangai,
Sivagangai District.
2.The Inspector of Police, Madagupatti Police Station,
Sivagangai District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondent 1 and 2 to secure and produce the body or person of the detenue namely Arulpriya (W/o) Arulselvam, aged about 30 years (petitioner younger brother's wife) and Minor.Karole (D/o) Arul Selvam aged about 02 years (petitioner younger brother's daughter) and produce before this Court and set them at liberty.
For Petitioner : Mr.S.Vikram For R-1 & R-2 : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor
O R D E R
R.SUBRAMANIAN, J. AND
N.SATHISH KUMAR, J.
The petitioner seeks production of the person of his brother's wife, who is said to be missing from 08.02.2022 along with one female child, jewelry and cash.
https://hcservices.ecourts.gov.in/hcservices/ 4. From the above facts, it is clear that it is a case of
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H.C.P.(MD) No.249 of 2022
elopement and there is no illegal detention involved. Hence, this Habeas Corpus Petition is dismissed. The respondent police are directed to pursue the case registered by them to its logical conclusion.
Sd/-
Assistant Registrar (AD-II)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
To:
1.The Superintendent of Police, Sivagangai, Sivagangai District. 2.The Inspector of Police, Madagupatti Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.249 of 2022 08.03.2022
NSN(CO) KB(17.03.2022) 2P 4C
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1 issue framed by the court
Whether a writ of habeas corpus should be issued to secure the production of missing relatives in a reported case of elopement.
1 provisions across 1 enactments
Anthonysamy
The Superintendent of Police, Sivagangai
The Inspector of Police, Madagupatti Police Station
R.SubramanIAN
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
