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Madras High CourtHCP/23/2022closed

Ali Fathima v. The Commissioner Of Police

2022-01-11Honourable Mr Justice P. N. Prakash,Honourable Ms Justice R.N.Manjula2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MS. JUSTICE R.N.MANJULA H.C.P.NO.23 OF 2022 Ali Fathima

...Petitioner

Vs.

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, K-1, Sembium Police Station, Perambur, Chennai - 11.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1st respondent herein to produce the body of the petitioner's daughter Rasitha Afiiya Sahani, female, aged about 23 years, D/o.Mohamed Yusuf Kani, before this Court and to set her at liberty.

For Petitioner : Mr.M.Mohammed Riyas For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the 1st respondent herein to produce the body of the petitioner's daughter Rasitha Afiiya Sahani, female, aged about 23 years, D/o.Mohamed Yusuf Kani, before this Court and to set her at liberty.

2.

It is the case of the petitioner that her daughter Rasitha Afiiya Sahani, aged about 23 years, went missing from 24.12.2021 and that the police are not taking effective steps to secure her.

3.

Today, Rasitha Afiiya Sahani appeared before this Court via video conferencing. The petitioner also appeared before this Court via video conferencing along with her counsel Mr.Mohammed Riyas (Mobile No.9677173957).

4.

When we enquired, Rasitha Afiiya Sahani stated that her date of birth is 31.05.1998 and she is twenty three years old and completed B.E. She further stated that she had fallen in love with Edwin Kishore (Mobile No.9786699420) and has got married to him on 24.12.2021 and the same has also been registered in the office of the Sub-Registrar Office, Maduranthagam.

5.

In view of the above, we do not find that Rasitha Afiiya Sahani is in the illegal custody of anyone for the issuance of a writ of habeas corpus.

In the result, this habeas corpus petition stands closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar nsd To

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, K-1, Sembium Police Station, Perambur, Chennai - 11.

3. The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.23 of 2022 PCH(CO) KKV/02/02/2022