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2023 Supreme(Mad) 774

M. SUNDAR, N. ANAND VENKATESH
Selvamani – Appellant
Versus
Commissioner of Police, Chennai – Respondent


Advocates appeared:
For the Petitioner:G. Vinodhkumar, Advocate. For the Respondents:R. Muniyapparaj, Additional Public Prosecutor assisted by N. Narkeeran, Advocate.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the 2nd respondent to produce the petitioner''s son namely Gopi, son of Selvamani aged about 29 years before this Hon''ble Court and set him at liberty.)

M. Sundar, J.,

1. Captioned ''Habeas Corpus Petition'' [hereinafter ''HCP'' for the sake of brevity] has been filed by father of Mr.Gopi, aged 29 years who shall hereinafter be referred to as ''absentee'' for the sake of convenience and clarity.

2. Mr.G.Vinodhkumar, learned counsel on record for petitioner who is before us submits that the third respondent (private respondent) is spouse of the absentee. It is submitted that the absentee and the third respondent are married and marriage was solemnized on 19.11.2018. It is also submitted that from the wedlock, they have one daughter. The case of the petitioner is that the absentee is missing from 01.03.2022. Further case of the petitioner is that a criminal complaint has been lodged with the second respondent and the same has been taken on file as Crime No.93 of 2023 dated 04.03.2022.

3. Issue notice to the respondents 1 and 2 (official respondent

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