P PONSELVAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, the petitioner one Ponselvan has filed this petition for the issuance of a writ of habeas corpus.

(2.) THE Court heard the learned Counsel for the petitioner. The affidavit in support of the petition is perused. The Court heard the learned Additional public Prosecutor for the first respondent also.

(3.) THE grievance of the petitioner is that he joined the Central Reserve police Force as a Constable in 1987; that out of the wedlock with one Sharmila, they got two children, one male aged 14, and the other female aged 10; that in the year 2001, he left the family with children to his native place called aralvoimozhi, for the education of the children; that during that time, the second respondent has developed illicit intimacy with Sharmila; that thereafter, her whereabouts were not known; that under the circumstances, he gave a complaint to the first respondent police; but, no steps were taken; that he moved this Court and got a direction pursuant to which a case came to be registered on 11. 3. 2006, under Sections 365 and 366 of I. P. C. ; but, it was referred to as mistake of fact; that even now, her whereabouts are not known, and hence, he came forward with this petition for a writ of habeas corpus.