Loganayaki v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2019
CORAM:
THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN and THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.210 of 2019 Loganayaki ... Petitioner -vs1.The Superintendent of Police, O/o.The Superintendent of Police, Salem District.
2.The Inspector of Police, O/o.The Inspector of Police, Attur Police Station, Salem District.
3.Ashok 4.Sathiyaraj 5.Rani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus Petition to direct the respondents 1 to 2 to produce the body or person of the petitioner's daughter, namely E.Elakkiya, D/o.Elumalai, aged 17 years 7 months before this Hon'ble Court and handover the petitioner's daughter i.e., E.Elakkiya to the petitioner. For Petitioner :
Mr.M.Natarajan For Respondents:
Mr.C.Iyyapparaj, R1 & R2 Additional Public Prosecutor
ORDER
[Order of the Court by M.Sathyanarayanan, J.] The petitioner is the mother of the detenue viz., E.Elakkiya, aged 17 years and was born on 03.06.2001. The detenue had successfully completed XII standard examinations during March, 2019 and by way of self finance, she was admitted in B.E. I year in Muthaiyambal College, Rasipuram and during holidays she was taken to the home on 10.01.2019 and when she https://hcservices.ecourts.gov.in/hcservices/
was about to return, the detenue, under the guise of nature's call went out and she did not return and she could not be traced. In this regard, the petitioner gave a complaint to the second respondent police, based on which a case in Crime No.27 of 2019 came to be registered under Section 366(A) I.P.C.
2. The Habeas Corpus Petition was entertained and notices were ordered on 29.01.2019. The matter is taken up today at the instance of the learned Additional Public Prosecutor for the reason that the detenue has been traced and produced.
3. The detenue, who is present before this Court, has been enquired into. She would state that since she finds extremely difficult to cope up with the studies, on her own volition, she went to her friends house and would further state that she is willing to go along with her parents and also willing to pursue her studies in B.A. Tamil.
The detenue denies other allegations.
4. Mr.C.Iyyapparaj, learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the investigation will be conducted in a fair, proper and impartial manner.
5. In the light of the fact that the detenue has been traced and her custody has been handed over to her parents, no further orders are necessary. Hence, this Habeas Corpus Petition is closed.
Jvm Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, O/o.The Superintendent of Police, Salem District.
2.The Inspector of Police, O/o.The Inspector of Police, Attur Police Station, Salem District.
+1cc to Mr.M.Natarajan, Advocate,Sr.No.17262 H.C.P.No.210 of 2019 Kak(29/03/2019) https://hcservices.ecourts.gov.in/hcservices/