Madras High CourtHCP/1044/2015closed

Shenbagavalli v. State By

2016-02-02Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE S.NAGAMUTHU H.C.P.No.1044 of 2015 Shenbagavalli .. Petitioner.

Versus

1. State by Inspector of Police Natrampalli Police Station, Vellore District.

2. Murali Mohan

3. Samundeeswari .. Respondents.

Prayer: Petition filed under Article 226 of the Constitution of India, praying for a Writ of Habeas Corpus, directing the first respondent to produce the body of the petitioner's daughter Sonia aged about 21 years before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.R.Muthamizh For Respondent : Mr.V.M.R.Rajendran Additional Public Prosecutor (R1) R1 & R3 : No appearance

ORDER

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned Additional Public Prosecutor appearing on behalf of the first respondent.

2. This Habeas Corpus Petition has been filed by the petitioner, who is the mother of the detenue, namely, Sonia, aged about 21 years. She had filed the Habeas Corpus Petition praying that this court may be pleased to direct the first respondent to produce the detenue, namely, Sonia, before this Court and to set her liberty, forthwith.

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3. It has been stated that the detenue had been missing from 3.4.2015. Hence, the petitioner had filed a complaint before the first respondent police, on 3.4.2015. A case had been registered, under Section 363 I.P.C., as a Woman Missing case, in Crime No.113 of 2015. Since no further action had been taken, by the first respondent, she had preferred the present Habeas Corpus Petition, before this Court.

4. Today, when the matter had been listed before this Court, the detenue, namely, Sonia, as well as Muni Mohan, the second respondent herein, was secured and produced before this court. On being enquired, they had stated that they had got married, on 23.5.2012, and they are living at . The detenue had stated that she is not in the illegal custody of the respondents 2 and 3 and that she is willing to go along with her husband, the second respondent herein.

4. In view of the statement made by the detenue, who has been produced before this court, by the first respondent police, we find it appropriate to permit the detenue, namely, Sonia, to go with her husband, the second respondent herein, as per her wish. The Habeas Corpus Petition stands closed, as no further orders are necessary.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police Natrampalli Police Station, Vellore District.

2.The Public Prosecutor, High Court, Madras.

H.C.P.No.1044 of 2015 rsk(CO) srg(09/03/2016) https://hcservices.ecourts.gov.in/hcservices/