STATE REP Vs. N M T JOY IMMACULATE

JUDGEMENT

(1.) Leave granted.

(2.) These appeals have been preferred by the State of Tamil Nadu against the judgment and order dated 11-4-2002 of a learned single Judge of the High Court of Madras by which the criminal revision petition preferred by the respondent N.M.T. Joy Immaculate was allowed and the revision was disposed of with certain directions.

(3.) A written F.I.R. was lodged at P.S.P.-l Puliyanthope on 9-10-2001 by one Jaffar Sait alleging that his brother Rizwan Sait was missing since around 9-00 a.m., on 7-10-2001 and on the basis of the same a case was registered. On 15-10-2001 Haroon Sait (brother of Rizwan Sait) filed a habeas corpus petition in the High Court of Madras being H.C.P. No. 1458 of 2001, wherein besides the State and Inspector of Police, P.S.P-1 Puliyanthope, R. Sathish, Miss Joy Immaculate and Miss Nithya were arrayed as respondent Nos. 3 to 5 and a prayer was made that a writ of habeas corpus be issued directing the respondents to produce his brother Rizwan Sait, who is illegally detained by respondent Nos. 3 to 5 and to set him at liberty. It was averred in the writ petition that Rizwan Sait lends money on interest to various businessmen including the shopping business complex of Spencers Plaza, Chennai. Respondent Nos. 3 to 5 and their friends, namely, Vijay and Ranjit had taken money from Rizwan Sait. Miss Joy Immaculate had conducted a fashion show at Music Academy and in that connection she had borrowed more than Rs. 50,000/- and her sister Miss Nithya, who was running a business in the name and style of Fashion World at Spencers Plaza, had also borrowed a sum of Rs. 65,000/-. Joy Immaculate and her sister Nithya did not repay the interest and when Rizwan Sait went to the latter's shop, R. Sathish undertook to clear off their dues. At about 9-00 a.m., on 7-10-2001 R. Sathish came to the writ petitioner's house, and thereafter, his brother Rizwan Sait left along with him in a Maruti car. While leaving, he has said that he was going to Chittoor (A.P.) and would return back in the night. However, as Rizwan Sait did not come back till the morning of 8-10-2001, they started looking for him and went to the shop of Nithya and asked her to give the address of R. Sathish, which she refused to do. However, in the morning of 9-10-2001, R. Sathish himself came to their house and said that their programme of going to Chittoor was cancelled, and accordingly, Rizwan Sait had returned back to his house on the morning of 7-10-2001 itself. A photocopy of a cheque for a sum of Rs. 1,50,000/- dated 2-9-2001 issued by Miss Nithya was found in the cupboard of Rizwan Sait. In the habeas corpus petition Haroon Sait raised a suspicion that respondents Nos. 3 to 5 have done some foul play with his brother who had advanced money to them.