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Madras High Court · body

2016 DIGILAW 424 (MAD)

Syed Bano v. Commissioner of Police

2016-02-04

M.JAICHANDREN, S.NAGAMUTHU

body2016
ORDER : 1. This Habeas Corpus Petition has been filed praying that this Court may be pleased to direct the respondents to produce the detenu, namely, Imran, son of Abdul Agiz, aged about 29 years, before this Court and to set him at liberty. 2. The petitioner is the wife of the detenu. The petitioner has lodged a complaint with regard to the illegal detention of her husband. However, the third respondent Police has refused to register the same. Therefore, the petitioner has sent an online complaint through the Tamil Nadu Government Police Portal, on 1.2.2016. 3. From the facts of the case, we find that the petitioner, on registering the online complaint, on 1.2.2016, has rushed to this Court by filing the present Habeas Corpus Petition, on 2.2.2016. The filing of the Habeas Corpus Petition is not the remedy open to the petitioner, if a complaint lodged by the petitioner is refused to be taken on file by the police concerned. Therefore, the present Habeas Corpus Petition, filed by the petitioner, is premature in nature. Hence, the Habeas Corpus Petition stands dismissed. However, we make it clear that it would be open to the petitioner to seek her remedies, if any, before the appropriate forum, in the manner known to law.