Madras High Court
L.Ashok Kumar vs State on 15 June, 2020
Bench: T.S.Sivagnanam, Pushpa Sathyanarayana
H.C.P.No.786 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.6.2020
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
H.C.P.No.786 of 2020
L.Ashok Kumar ...Petitioner
Vs
1.State, rep.by the Inspector of
Police, E3 Minjur Police Station,
Minjur, Ponneri Taluk,
Tiruvallur District.
2.Thiru.S.Srinivasan ...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of
a Writ of Habeas Corpus directing the first respondent to produce the body of person
of the petitioner’s wife namely Vaishali, aged about 27 years from the illegal custody
of the second respondent before this Court and set her at liberty forthwith.
For Petitioner : Mr.M.Gnanasekar
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H.C.P.No.786 of 2020
For Respondent-1 : Mrs.Prabhavathi, APP
For Respondent-2 : Mr.Dinesh
ORDER
(Order of the Court was made by T.S.SIVAGNANAM,J) We have heard Mr.M.Gnanasekar, learned counsel for the petitioner, Mrs.Prabhavathi, learned Additional Public Prosecutor appearing for the first respondent and Mr.Dinesh, learned counsel for the second respondent.
2. The petitioner has filed this petition seeking to produce the detenue - his wife by name Vaishali, aged about 27 years before this Court alleging that against her wishes, she has been detained by her father – the second respondent herein.
3. After issuance of notice, the first respondent – Police has produced the detenue before us through video conferencing and we are informed that she is present http://www.judis.nic.in 2/6 H.C.P.No.786 of 2020 in E3 Minjur Police Station, Minjur, Ponneri Taluk, Tiruvallur District.
4. During the course of hearing, we interrogated the detenue through video conferencing. However, since a proper assessment has to be made to know the actual wishes of the detenue, we issue the following directions :
The first respondent shall produce the detenue before the Chief Judicial Magistrate, Tiruvallur on 17.6.2020, on which date, the petitioner as well as the second respondent shall be present. Upon questioning, a decision will be taken by the Chief Judicial Magistrate, Tiruvallur in accordance with law and the parties shall abide by the said decision.
5. With the above directions, the above habeas corpus petition is disposed of.
(T.S.S., J.) (P.S.N., J.) 15.6.2020 Office to Note :
Issue on 16.6.2020 To
1. The Inspector of Police, E3 Minjur Police Station, Minjur, Ponneri Taluk, Tiruvallur District.
2.The Chief Judicial Magistrate, Tiruvallur.
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AND PUSHPA SATHYANARAYANA, J.
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