Petitioner filed a habeas corpus petition for the production and liberation of her missing husband. The police produced the husband, who stated he left voluntarily. The Court held no further adjudication was needed and closed the petition.
Petition closed as the detenu was secured and not in illegal detention; no further relief required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
H.C.P.(MD) No.434 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
H.C.P.(MD) No.434 of 2024
G.Meena @ Anjalai ... Petitioner -vs1.The Superintendent of Police Madurai District, Madurai 2.The Inspector of Police Silaiman Police Station Madurai District ... Respondents (FIR No.151/2023)
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the person or body of the petitioner's husband, named, K.Gurusamy, son of Karuppaiah, aged about 35 years, before this Court and set him at liberty.
For Petitioner : Mr.Ramasiva For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor
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H.C.P.(MD) No.434 of 2024
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure her husband, namely, Gurusamy, aged about 35 years, produce him before this Court and set him at liberty.
2. It is the case of the petitioner that her husband was working as a Mason and he is missing from 12.04.2023. Despite search, she could not trace her husband. Therefore, she lodged a complaint before the second respondent and based on which a case in Crime No.151 of 2023 for man missing came to be registered. However, no further steps were taken by the respondent – Police to find out the whereabouts of her husband. Hence, the petitioner has filed this habeas corpus petition.
3. Notice to the respondents was ordered on 08.04.2024. Pursuant to the same, the respondent – Police have secured the detenu and produced him before this Court today. Before the respondent – Police, he has given a written statement stating that due to financial difficulties, he had left
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H.C.P.(MD) No.434 of 2024
the home on his own volition and later, on coming to know about filing of this habeas corpus petition, he had appeared before the respondent – Police.
4. Since the detenu has been secured and he is not in illegal detention of anybody, no further adjudication is required in this habeas corpus petition and the same is, therefore, closed.
[A.D.J.C., J.] [K.R.S., J.]
11.06.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
To:
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H.C.P.(MD) No.434 of 2024
A.D.JAGADISH CHANDIRA, J. AND K.RAJASEKAR, J.
krk
H.C.P.(MD) No.434 of 2024
11.06.2024
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1 issue framed by the court
Whether a habeas corpus petition for the production of a missing husband is maintainable when the police have secured the detenu and he is not in illegal detention.
1 provisions across 1 enactments
G.Meena @ Anjalai
Superintendent of Police Madurai District
Inspector of Police Silaiman Police Station Madurai District
A.D.Jagadish Chandira
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
