R.Senthil v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN R. Senthil ... Petitioner Vs.

1. State represented by The Commissioner of Police, Coimbatore City, Coimbatore.

2. Inspector of Police, C-5, Kavundampalayam Police Station, Coimbatore City.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Habeas Corpus directing the respondent to produce the petitioner's elder daughter, namely, Ms.Karthiga, daughter of R. Senthil, aged about 19 years, before this Hon'ble Court and set her at liberty. For petitioner : Mr.R.S. Raveendhren For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor.

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O R D E R

(Order of the Court was made by M.S.RAMESH, J.) When the petitioner's daughter Karthiga, aged about 19 years, had gone missing from his house from 17.11.2023 onwards, he had given a complaint to the 2nd respondent police, which was registered under Crime No.126/2023. Since his daughter could not be traced within a reasonable time, he has preferred this Habeas Corpus Petition.

2. Today, when the matter was called, the learned Additional Public Prosecutor, on instructions, submitted that the petitioner's complaint that was registered in Crime No.126/2023 under the caption "Woman Missing" was enquired into and found that the petitioner's daughter had voluntarily left the house and got married to one Mohan Raj and is now living with him. The said Mohanraj is also said to be aged about 19 years. In this background, the FIR came be to be closed on 07.12.2023 and RCS was also served on the petitioner.

3. In the backdrop of these developments, it cannot be said that the 2/4

petitioner's daughter is in the illegal custody of any third person. As such, the present Habeas Corpus Petition would not be maintainable. Accordingly, the Habeas Corpus Petition stands closed. [M.S.R., J] [S.M., J] 29.01.2024 bga Internet : Yes Index : Yes / No To

1. State represented by The Commissioner of Police, Coimbatore City, Coimbatore.

2. Inspector of Police, C-5, Kavundampalayam Police Station, Coimbatore City.

3 .The Public Prosecutor, High Court, Madras.

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M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga 29.01.2024 4/4