M. Umamaheswaran vs The State and Imtiaz Ahmed

M. Chockalingam, J.—Invoking the writ jurisdiction of this Court, the petitioner has brought forth this petition stating that his daughter Anita,

aged 26, has been abducted by the fourth respondent herein, and she is in his custody, and under the circumstances, it has become necessary to

approach this Court.

The affidavit in support of the petition is perused. The Court heard the learned Counsel on either side.

From the very reading of the affidavit, it would be quite clear that they had a love affair, and thereafter, they were living for sometime outside. It

is contended by the learned Counsel for the petitioner that originally a case u/s 376 of IPC was registered; that he was in judicial custody and has

come out on bail; that even after coming out on bail, he has again taken her as he did in the past, and under the circumstances, the petitioner was

compelled to approach this Court by way of habeas corpus petition.

In answer to the above, it is contended by the State that it is true that originally on the complaint of the petitioner, a case was registered u/s 376

of IPC, and he was in judicial custody, and now, he is on bail. The learned Additional Public Prosecutor would further add that she has given a

complaint on 21.11.2008, to the Secretary to the State and a copy to the concerned police stating that she fell in love with the fourth respondent

herein and out of own interest and volition, she embraced Islam and now her name is Ayisha, and she married the fourth respondent, and the same

has also been registered, and she is now living with him, and under the circumstances, a case u/s 376 IPC should not have been registered against

him. This is the state of affairs according to the State.

The Additional Public Prosecutor also placed the materials for the perusal of the Court and they are perused. After looking into the same, this

Court is of the considered opinion that it is not a fit case where the Court could interfere by exercising its writ jurisdiction to issue a writ of habeas

corpus. The request of the petitioner does not require consideration.

Accordingly, this habeas corpus petition is dismissed.