IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.03.2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE C.S.KARNAN H.C.P.No.451 of 2010 J.Bharani ..Petitioner Vs. 1. The Commissioner of Police, Office of the Commissioner of Police, Egmore, Chennai – 8. 2. The Inspector of Police, E1 Mylapore Police Station, Kutchery Road, Chennai – 4. . Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the records of the 2nd respondent vide petitioner's complaint dated 11.2.2010 and direct the respondents to produce the body of the detenue C.Jothiparakash aged 35 years S/o Chandrasekar before this Court and set him at liberty. For Petitioner : Mr.S.Natarajan For Respondents : Mr.V.R.Balasubramanian, A.P.P. O R D E R (The order of the Court was made by M.CHOCKALINGAM, J.) Invoking the writ jurisdiction of this Court one J.Bharani has brought forth this petition stating that her husband was missing from 15.12.2009 onwards. Originally, a complaint was given to the Foreshore Estate Police Station and the same was transferred to the Mylapore Police Station/2nd respondent but so far no steps have been taken. 2. The Court heard the learned Additional Public Prosecutor and looked in the materials available on record. 3. After looking into the averments made in the complaint, the Court is of the considered opinion that writ jurisdiction cannot be involved under the facts and circumstances brought to the notice of the Court. Even as per the allegation made, the husband of the https://hcservices.ecourts.gov.in/hcservices/ petitioner has got affair and he ran away from the place and the petitioner has been ill treated by her mother-in-law without any means for survival or maintenance. 4. In the above stated factual matrix, the Court is of the opinion that it is not a fit case to invoke the writ jurisdiction which requires consideration of this Court. Hence, the Habeas Corpus Petition is dismissed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. vsi To 1. The Commissioner of Police, Office of the Commissioner of Police, Egmore, Chennai – 8. 2. The Inspector of Police, E1 Mylapore Police Station, Kutchery Road, Chennai – 4. 3. The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.S.Natarajan, Advocate, Sr 18374 H.C.P.No.451 of of 2010 VSV (CO) RH (24.3.10) https://hcservices.ecourts.gov.in/hcservices/