Madras High CourtHCP/1205/2017disposed of

Mrs.G.Radhika, Female 34 Years v. The Commissioner Of Police

2017-07-19Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.07.2017

CORAM

THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN H.C.P.No.1205 of 2017 G.Radhika .. Petitioner Vs 1.The Commissioner of Police, O/o.The Commissioner of Police, Egmore, Chennai.

2.The Inspector of Police, All Women Police Station, Thirumangalam, Anna Nagar, Chennai.

3. T.Gunashekar

4. S.Venilla

5. Thirumalai

6. T.Ratanam .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to direct the 2nd respondent to produce petitioner's school going daughter named G.Dharshini, aged about 12 years before this Hon'ble Court from the illegal custody of respondents 3 to 6 and to reunite her with her mother, the petitioner herein.

For Petitioner :Ms.P.Uma For R1 and R2 :Mr.V.M.R.Rajentran, Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.SELVAM, J.] This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 and 2 to trace out and produce the detenue by name G.Dharshini, aged 12 years, daughter of the petitioner and the 3rd respondent. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner is present and she has been identified by her counsel. The 3rd respondent, the father of the detenue has produced her and she has also been identified by the petitioner.

3. The detenue has expressed her willingness to go with the petitioner.

4. Considering the above said factual circumstances and also considering the age of the detenue, this Court is of the view to allow the detenue to go with the petitioner. However, the 3rd respondent is at liberty to file a relevant petition before the concerned Court.

5. In fine, on the basis of the observation made earlier, this petition is disposed of.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar gya To 1.The Commissioner of Police, O/o.The Commissioner of Police, Egmore, Chennai.

2.The Inspector of Police, All Women Police Station, Thirumangalam, Anna Nagar, Chennai.

3.The Public Prosecutor, High Court, Madras.

4. The Joint Secretary to Government Public(Law and order) Fort. St. George Chennai 9.

+1 CC to Ms. P. Uma, Advocate sr 50569.

H.C.P.No.1205 of 2017 SP(02/08/2017) https://hcservices.ecourts.gov.in/hcservices/