Leela Murugan Yadav v. Commissioner Of Police And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3853 OF 2019 Leela Murugan Yadav ... Petitioner vs.

The Commissioner of Police, Mumbai and ors.

... Respondents Mr. Rajan P.V. Welson for the Petitioner.

Mrs. M.M.Deshmukh, APP. for the State.

Mr. Aasaram Chavan, API. Tilak Nagar Police Station, Mumbai present in Court.

Ms. Subhalaxmi herself present in person.

Mr. S. Murugesan husband present in person.

CORAM: S.S.SHINDE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 05th December, 2019 PC:

1.

Learned APP has tendered a copy of the letter dated 5.12.2019 sent by Senior Police Inspector, Tilak Nagar Police Station, Mumbai addressed to the Public Prosecutor, Court Room No.31, High Court, Mumbai. Same is taken on record and marked "X" for identification.

2.

This petition is under Article 226 of the Constitution of India is filed with following substantive prayer. The said prayer clause (a) reads as under:

"(a) that this Hon'ble Court be pleased to issue writ of habeas corpus or any other appropriate writ, Oder or direction, 1/3

ordering and directing the respondents to take appropriate action on the complaint of the petitioner and to produce her daughter Ms. Subhalaxmi Murugesan Yadav before this Hon'ble Court within which period as this Hon'ble Court deem fit and proper". 3.

In the morning session, the learned Public Prosecutor mentioned the matter after giving notice to the learned counsel for the petitioner and prayed that the writ petition may be heard at 3.00 p.m. since missing person Ms. M. Subhalaxmi is brought by Police Officer Mr. Aasaram Chavan, API from Tilak Nagar Police Station in the court. Missing person Ms. Subhalaxmi is produced before us. We asked her, whether she is in illegal detention as alleged in the petition. She states that she is not in illegal detention of anybody. She further stated that she is not willing to meet her parents. She stated that her age is 26 years. 4.

She married with Mr. S. Murugesan with her free will and without coercion and it is her voluntary act. In that view of the matter, we do not think that Ms. M. Subhalaxmi was in illegal detention as alleged in the petition. In the light of discussion herein above and since missing person Ms. M. Subhalaxmi is produced before this Court the purpose of filing the petition is served. The further adjudication of the petition is not necessary. Hence, writ petition stands disposed off with the following directions.

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5.

Mr. Aasaram Chavan, Police Officer to give police protection to Ms. M. Subhalaxmi and Mr. S. Murugesan and other relatives who have accompanied her to come to Mumbai. Such protection shall be granted during the journey from Mumbai to Kariyandal, Tiruvannamalai.

6.

We make it clear that, we have not expressed any opinion as regards marital status of Ms. M. Subhalaxmi. We have only recorded statement of Ms. M. Subhalaxmi. 7.

Parties to act on the copy of this order duly authenticated by the registry of this Court.

(PRITHVIRAJ K. CHAVAN,J.) (S.S.SHINDE, J.) 3/3