ORDER

(Made by P.N.PRAKASH, J.)

This habeas corpus petition has been filed by the petitioner seeking a direction to the second respondent herein to produce his wife Divya, aged 37 years, who is in illegal custody of the third respondent herein, before this Court and set her at liberty.

2. It is the case of the petitioner that he got married to Divya on

29.06.2012 and through the wedlock, he has a daughter and son; Divya was working in SKS Automobiles, Salem; while that being so, the petitioner dropped Divya on 16.07.2022 in her office and thereafter, her whereabouts are not known.

3. The petitioner gave a complaint, based on which, a petition enquiry in Sooramangalam Police Station C.S.R.No.722 of 2022 was registered on 18.07.2022. Not content with the same, the petitioner filed a petition in Crl.M.P.No.736 of 2022 in the Court of the Judicial Magistrate No.II, Salem, under Section 156(3) Cr.P.C., in which, the learned Magistrate appears to have directed the police to enquire into the allegations.

4. Alleging that the police are not taking effective steps to secure his wife, the petitioner has preferred the present habeas corpus petition.

5. Today, P.Sakthi (Mobile No.94981 14467), Special Sub- Inspector of Police, Sooramangalam Police Station, Salem, is present. 6. On instructions, the learned Additional Public Prosecutor submitted that based on the complaint given by the petitioner, a case in Sooramangalam Police Station Crime No.583 of 2022 has been registered on 20.09.2022 for 'woman missing' and during the course of investigation, it came to light that Divya was having an affair even prior to her marriage with Suresh Kumar, third respondent herein and both of them have eloped.

7. We perused the complaint, which formed the basis for registration of the FIR and found that the same does not even disclose the commission of any cognizable offence. Under such circumstances, it is not necessary for the police to register any fresh FIR on the orders of the Judicial Magistarte No.II, Salem, in Crl.M.P.No.736 of 2022, inasmuch as, the FIR in Sooramangalam Police Station Crime No.583 of 2022 has already been registered on 20.09.2022.

8. In such view of the matter, we direct the Inspector of Police, Sooramangalam Police Station, Salem, to proceed with the investigation in Crime No.583 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Divya, aged about 37 years, is secured, she shall be produced before the Judicial Magistrate No.II, Salem, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law.

With the above observations and directions, this habeas corpus petition stands closed. (P.N.P., J.) (TKRJ)

21.09.2022 Index: Yes/No nsd To

1.The Judicial Magistrate No.II, Salem. (Crl.M.P.No.736 of 2022)

2.The Commissioner of Police, Salem City Police, Salem. 3.The Inspector of Police, Sooramangalam Police Station, Salem.

4.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

nsd H.C.P.No.1868 of 2022

21.09.2022