The court upheld the legal principle that violations of legal provisions by law enforcement agencies, such as illegal detention and unwarranted registration of criminal cases, must be addressed through further action and disciplinary proceedings.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 1st respondent to produce the person or body of the petitioner''s wife, namely, Saktheeswari, W/o.Guru @ Paramaguru, aged about 37 years from the illegal custody of the respondents 2 to 4 before this Court and set her at liberty.)

R. Suresh Kumar, J.

1. The petitioner, seeking production of his wife, namely, Saktheeswari, aged about 37 years, has filed this Habeas Corpus Petition.

2. When this Habeas Corpus Petition came up for hearing on 15.06.2023, the respondent Police had produced the detenue before this Court, who had made some allegations against the respondent Police ie., the respondents 2 to 4 that in the name of enquiring the detenue in connection with the case, where the petitioner ie., the husband of the detenue has been arrayed as an accused, the respondents 2 to 4 had tortured her and she literally cried before this Court, saying that her and her children''s life are in danger at the hands of the respondents 2 to 4.

3. Having recorded the said allegations made against the respondents 2 to 4 by the detenue, we passed the following order on 15.06.2023:-

“Today, when the matter is taken up for hearing, the respondent Police has produced the detenue, namely, Saktheeswawri, W/o.Guru @ Paramaguri / petitioner herein.

2. The detenue has stated before this Court that there has been no strained relationship between the detenue and her husband and because of the torture given by the Police, she had to take shelter at the parental home at Thottiyam with the help of her brother, where she claimed to have been residing with her children.

3. Apart from this, it is the allegation that has been made by the detenue that the respondent Police ie., the respondents 2 to 4 in the name of enquiring the detenue in connection with the case, where the petitioner, ie., the husband of the detenue has been arrayed as accused, had tortured her and she literally cried before this Court, saying that her and her children''s life are in danger at the hands of the respondents 2 to 4. She has further alleged that they had indiscriminately beaten up the detenue and sometime her children and she is now living in utter fear psychosis.

4. The said allegation made by the detenue since is serious in nature that has also been made against the concerned police officer and police men attached with the respondents 2 to 4, we feel that in order to unearth the truth, a higher Officer can be requested to conduct an enquiry and file a report before this Court.

5. In this context, we feel that we can request Mr.Asra Garg, Inspector General of Police, Madurai South Zone, Madurai to enquire this matter with regard to the allegation made by the detenue against the Police people attached with the respondents 2 to 4 and file a report about such shabby treatment allegedly met by the detenue and her children or family members at the hands of the respondents 2 to 4 and accordingly, such a report shall be filed before this Court during the next hearing date.

6. For the aforestated purpose, post this matter on 23.06.2023 immediately after admission. The respondent Police shall produce the detenue on the said date also before this Court.

7. A copy of this order shall be communicated to Mr.Asra Garg, Inspector General of Police, Madurai South Zone, Madurai for taking necessary action as indicated in the order.”

4. Pursuant to which, when the case came up for hearing again on 23.06.2023, it was submitted by the learned Additional Public Prosecutor for the respondents that the Inspector General of Police, South Zone, Madurai, has already completed the enquiry on 22.06.2023, therefore, he wanted a week time to file a report. Therefore, on 23.06.2023, we passed the following order:-

“Purs