Balakrishnan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.186 of 2020 Balakrishnan ... Petitioner Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri - 636 704.

2.The Inspector of Police, Kadathur Police Station, Dharmapuri - 635303.

3.M.Singaravelan S/o.Murugan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing respondents 1 and 2 to produce the body of petitioner's Balakrishnans daughter viz., Saveena, aged 24 years from the illegal custody of third respondent before this Court and set her at liberty.

For Petitioner :

Mr.S.Kumar For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor *****

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner, who is the father of the detenu viz., Saveena, aged 24 years, has filed the present petition seeking a direction to respondents 1 and 2 to produce the detenue before this Court, who is in illegal custody of third respondent and set her at liberty.

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2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for respondents 1 and 2.

3. Learned counsel for petitioner submits that the petitioner worked as a Foreman working under Tamil Nadu Minerals Ltd. (Tamin), retired from service on 31.05.2019 and is drawing monthly pension of Rs.3,080/-. The detenue is the elder daughter of petitioner and she is a practicing Doctor (BDS). Petitioner arranged marriage for her and performed betrothal on 15.07.2019. While so, the detenue went missing from 09.08.2019. After searching for the detenue with the friends and relatives, petitioner lodged a complaint before the second respondent police. Thereafter, petitioner received a letter dated 10.08.2019 written by the detenue, in which it is stated that the detenue is not interested in the marriage arranged by petitioner. Hence, the present petition has been filed seeking the aforesaid relief.

4. Today, the detenue was produced before this Court. Petitioner is also present. We enquired both of them. On enquiry, the detenue states that against her wish, the marriage was arranged and hence, she eloped with the third respondent and married him on 19.08.2019. Further, the detenue expressed her unwillingness to go with the petitioner. In the aforestated circumstance, nothing survives for further adjudication in the present petition.

Accordingly, the Habeas Corpus Petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar gm To 1.The Superintendent of Police, Office of the Superintendent of Police, Dharmapuri - 636 704.

2.The Inspector of Police, Kadathur Police Station, Dharmapuri - 635303.

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3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Kumar Advocate sr14145 H.C.P.No.186 of 2020 kj(co) aa14/05/2020 3/3