Maria D Souza v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.11.2015
CORAM
THE HONOURABLE MR. JUSTICE R. SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH HCP.No.2293/2015 Maria D Souza ..
Petitioner
Versus
The Commissioner of Police Egmore, Chennai 600 008.
The Secretary to Government Home Department, Fort St. George, Chennai 600 009.
The Inspector of Police T12 Police Station Poonamallee, Chennai.
Mr.Shan Wheeler Anzolet Mrs.Davina Jolena ..
Respondents Habeas Corpus petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the respondents 2 and 3 to produce the body of the detenue Lynette D'Souza, daughter of Rufus D'Souza, aged about 39 years, who is mentally challenged, now detaining under the custody of the 4th to 7th respondents and set the petitioner's daughter at liberty forthwith.
For Petitioner :
Mr.N.Rathi Rekha For RR 1 to 3 :
Mr.A.N.Thambidurai, APP
ORDER
[Order of the Court was made by P.N.PRAKASH, J.,] The above petition has been filed by the petitioner/mother
of the detenue, to cause production of her daughter, Lynette D'Souza, aged about 39 years, who is said to be missing from 26.06.2015, before this Court and to set her at liberty. It is the case of the petitioner that her daughter Lynette D' Souza, aged about 39 years, was married to Jeffrey Brown and got divorced from him and they have got a child through the said marriage. While so, it is stated by the petitioner that her daughter went missing on 26.06.2015, in connection with which, a case in Cr.No.631/2015 has been registered by the 2nd respondent police on 07.07.2015 for "Woman Missing". The petitioner suspected that her daughter has been taken away by the 4th respondent in connivance with the respondents 5 and 6.
On notice through Court, respondents 5 and 6 appeared before this Court, claiming to be the sisters of the 4th respondent and stated that they have no knowledge about the whereabouts of their brother and that he is a free-wheeler. The respondent police have filed a status report detailing the steps that are being taken by them for securing the alleged detenue. Under such circumstances, we find that this is not a case of illegal detention of the detenue Lynette D Souza, who is aged about 39 years, warranting issuance of a writ of Habeas Corpus.
In view of the above, this petition is closed with a direction to the respondent police to proceed with the investigation in Cr.No.631/2015 and keep the petitioner informed about the developments.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar AP To The Commissioner of Police Egmore, Chennai 600 008.
The Secretary to Government Home Department, Fort St. George, Chennai 600 009.
The Inspector of Police T12 Police Station Poonamallee, Chennai.
The Public Prosecutor High Court, Chennai.
HCP.No.2293/2015 ak co kra 15.12.2015