Rajakumari v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM H.C.P. No. 26 of 2021 Rajakumari ... Petitioner Vs.

1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, Thittakudi, Cuddalore District.

3.The Inspector of Police, Sirupakkam Police Station, Cuddalore District.

4.Manikandan 5.Mahalakshmi ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondents herein to produce the daughter of the petitioner Usha, aged about 22 years, before this Court and to set her at liberty.

For Petitioner ..

Mr.C.Prabakaran For Respondents ..

Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 to R3

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] Seeking a direction to the respondents herein to produce the daughter of the petitioner Usha, aged about 22 years, before this Court and to set her at liberty, the present habeas corpus petition has been filed.

2. It is the case of the petitioner that her daughter - Usha, aged about 22 years, had gone missing since 14.12.2020 and that the police have not taken any effective steps to secure her, despite registration of a case in Crime No. 990 of 2020. It is the further case of the petitioner that her daughter has eloped with the fourth respondent.

3. On instructions, Mr.R.Prathap Kumar, learned Additional Public Prosecutor submitted that Usha was married to Vijaykumar, who is working in the Middle East and that they have no issues. He further submitted that Usha had no connection with the fourth respondent, but, had eloped with one Shankar of the same village, who is already a married person having two children. He further stated that on a complaint given by the petitioner, a case in Sirupakkam Police Station in Crime No. 990 of 2020 for woman missing was registered by the police and the investigation is in progress.

4. In such view of the matter, this Court directs the Deputy Superintendent of Police, Tittakudi, Cuddalore District, to monitor the investigation in Sirupakkam Police Station in Crime No. 990 of 2020, secure the detenue and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she may be produced before the Judicial Magistrate II, Thittakudi, to pass appropriate orders in the custody, under intimation to the petitioner.

5. Recording the same, the habeas corpus petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nsd/ssm To 1.The Judicial Magistrate II, Thittakudi.

2.The Superintendent of Police, Cuddalore District, Cuddalore.

3.The Deputy Superintendent of Police, Thittakudi, Cuddalore District.

4.The Inspector of Police, Sirupakkam Police Station, Cuddalore District.

5.The Public Prosecutor, High Court, Madras.

6.The Joint Secretary to Government, Public(Law & Order), Fort Saint George, Chennai - 9.

+1cc to Mr.C.Prabakaran, Advocate Sr.1717 H.C.P. No. 26 of 2021 jp[co] srg 05/02/2021