Haseena v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.08.2015

CORAM

THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1038 of 2015 Haseena ... Petitioner -v1.The Inspector of Police, Incharge of B-5 Police Station, Singanallur, Coimbatore.

2.The Commissioner of Police, Office of the Commissioner of Police, Coimbatore-18.

3.Shahnawaz (alias) Shahul Hamed ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the respondents to produce the body or person of the petitioner's daughter Afsana, aged 14 years, before this Court and consequently set her at liberty forthwith.

For Petitioner :

Mr.R.K.Sekina Reshma For Respondents :

Mr.A.N.Thambidurai Addl. Public Prosecutor for R1 & R2 Mr.C.R.Prasanan for R3

O R D E R

(Order of the Court was made by S.TAMILVANAN,J.) Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondents 1 and 2 and the learned counsel for the third respondent. 2.This petition has been filed by the petitioner, directing the respondents 1 and 2 to produce the body of petitioner's daughter Afsana, aged about 14 years, before this Court and set her at liberty.

https://hcservices.ecourts.gov.in/hcservices/

3.The alleged detenue is secured and produced before this Court by the respondent police. On enquiry, the detenue Afsana stated that she is aged about 15 years and now she is living with her father. The petitioner is also present before this Court. The detenue Afsana stated that she is not willing to go along with her mother/the petitioner herein. In such circumstances, it is open to the petitioner to approach the appropriate forum seeking her remedy as per the procedure known to law.

4.With the above observation, this petition is dismissed. -s/dAssistant Registrar(J) dt:13/08/2015 True Copy Sub-Assistant Registrar kal To 1.The Inspector of Police, Incharge of B-5 Police Station, Singanallur, Coimbatore.

2.The Commissioner of Police, Office of the Commissioner of Police, Coimbatore-18.

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

+1 cc to MS.R.K.Sekina Reshma Advoate sr.39516 +1 cc to Mr.C.R.Prasanan, Advocate sr.40002 H.C.P. No.1038 of 2015 gj(co) aa14/08/2015 https://hcservices.ecourts.gov.in/hcservices/