Devi Vs The State of Tamil Nadu

PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing respondents 1 and 2 to produce the body or person of petitioner's husband Balu S/o.Rakkan, aged about 55 years before this Court and set him at liberty

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For Petitioner : Mr.R.Venkatesan

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For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

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1

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

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H.C.P.(MD)No.37 of 2026

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O R D E R

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(Order of the Court was made by G.K.ILANTHIRAIYAN , J. )

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This Habeus Corpus Petition has been filed to direct the respondents 1 and 2 to produce the body or person of petitioner's husband Balu S/o.Rakkan, aged about 55 years before this Court and set him at liberty

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The petitioner is the wife of the detenu. The detenue went to Pune, Maharastra for his job along with three others. However he did not return back to house from 05.13.2017 onwards. Therefore, the petitioner went to Pune and lodged complaint before the jurisdictional police and the petitioner was issued with CSR. When she returned back to Thiruppachetti she also lodged complaint before second respondent for which the petitioner was issued with CSR. During enquiry the second respondent found that the husband of the petitioner was found missing from 05.03.2017 at Pune, Maharastra while he was searching for job, therefore the second respondent has no jurisdiction to enquire the complaint hence they closed the CSR.

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2

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

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H.C.P.(MD)No.37 of 2026

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3.The learned Additional Public Prosecutor also produced the

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copy of CSR issued by the Pune Police Station. However the petitioner also undertakes that she will pursue with her complaint which is pending before the Pune police station, Maharasta. In view of the same, the Habeus Corpus Petition is not maintainable and liable to be dismissed.

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