HCP(MD)No.1484 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 18.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR

and

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

H.C.P.(MD)No.1484 of 2023

Radhiya Banu

: Petitioner

Vs.

1.The Superintendent of Police,

Dindigul,

Dindigul District.

2.The Inspector of Police,

All Women Police Station,

Dindigul,

Dindigul District.

3.Rahmad Beevi

4.Sakkarai Kani

5.The Regional Passport Officer,

Madurai.

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HCP(MD)No.1484 of 2023

6.The Immigration Officer,

Haddows Road,

Chennai.

: Respondents

[R5 and R6 are suo motu impleaded as per order of the Court dated

28.11.2023.]

PRAYER: Petition filed under Article 226 of the Constitution of India

to issue a writ of Habeas Corpus, directing the first and second

respondents herein to produce the person or body of the detenue

namely Sayed Abutahir, S/o.M.Abbas aged about 39 years before this

Court and set him at liberty forthwith.

For Petitioner : Mr.S.Bharathy Kannan

For Respondents 1&2 : Mr.R.Meenakshi Sundaram

Additional Public Prosecutor

For Respondents 3&4 : Mr.S.M.A.Jinnah

For Respondents 5&6 : Mr.K.Govindarajan

Deputy Solicitor General of India

O R D E R

***********

[Order of the Court was made by M.SUNDAR, J.]

Captioned matter was listed in the Admission Board on

28.11.2023 and the following order was made:

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HCP(MD)No.1484 of 2023

'H.C.P.(MD)No.1484 of 2023

M.SUNDAR, J.

and

R.SAKTHIVEL., J.

O R D E R

[Order of the Court was made by M.SUNDAR, J.]

Captioned 'Habeas Corpus Petition' ['HCP' for the

sake of brevity] has been presented in this Court on

21.11.2023.

2. Factual matrix in a nutshell is HCP petitioner

married one Mr.Sayed Abutahir on 21.09.2016; that

'Mr.Sayed Abutahir' shall be referred to as 'absentee' for the

sake of convenience; that according to HCP petitioner, the

marital tie turned sour very quickly owing to alleged demand

of dowry and additional dowry by absentee's mother [third

respondent], absentee's brother [fourth respondent] and

other members of the family of absentee; that respondent No.

3 is mother of absentee and respondent No.4 is brother of

absentee but this has not been set out anywhere in 6 pages

10 paragraphs affidavit filed in support of captioned HCP;

that therefore, we deem it appropriate to record this

statement made by Mr.S.Bharathy Kannan, learned counsel at

the bar; that owing to the marital relationship turning sour,

there are as many as four proceedings between HCP

petitioner and the absentee and they are:

a) C.C.No.35 of 2021 on the file of Additional Women's

Court, Dindigul;

b) Crl.O.P.(MD)No.287 of 2019 on the file of this Court

filed by one Fathima and S.Nashira Banu (sisters of absentee,

who have been arrayed as A3 and A4 in C.C.No.35 of 2021);

c) D.V.C.No.12 of 2018 on the file of Judicial

Magistrate, Vedasandur; and

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HCP(MD)No.1484 of 2023

d) M.C.No.16 of 2019 on the file of Judicial

Magistrate, Vedasandur;

that there is an exparte order in the maintenance case i.e,

M.C.No.16 of 2019; that absentee has not appeared in any of

the proceedings; that in C.C.No.35 of 2021 on the file of

Additional Women's Court, Dindigul, charge sheet has since

been filed but the absentee remains unserved; that according

to HCP petitioner the absentee is allegedly in illegal

detention / unlawful custody of respondents 3 and 4

absentee's mother and brother respectively; that captioned

HCP has been presented in this Court on 21.11.2023 under

such circumstances.

3. Issue notice to official respondents.

4. Mr.R.Meenakshi Sundaram, learned Additional

Public Prosecutor accepts notice for respondents 1 and 2 and

learned Additional Public Prosecutor is instructed by second

respondent.

5.

Learned Addition