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Madras High CourtHCP/2861/2015closed

R.Vijayarani v. The Superintendent Of Police

2015-12-14Honourable Mr Justice P. N. Prakash,Honourable Mr Justice R. Sudhakar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R. SUDHAKAR AND THE HONOURABLE MR. JUSTICE P.N.PRAKASH HCP.No.2861 of 2015 R.Vijayarani ..

Petitioner

Versus

1.The Superintendent of Police Ariyalur District.

2.The Inspector of Police Udayarpalayam Police Station Ariyalur District.

3.Vigneswaran 4.Maharajan 5.Ajit .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the respondents 1 and 2 to find out the whereabouts of the petitioner's sister's daughter Divyabharathi D/o Ramalingam, aged about 20 years and rescue her from the illegal custody of the respondents 3 to 5 and produce before this Court and set her at liberty forthwith. For Petitioner :

Mr.S.Rajanikanth For RR 1 and 2 :

Mr.A.N.Thambidurai Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.,] This petition has been filed seeking a direction to the respondents 1 and 2 to find out the whereabouts of the petitioner's sister's daughter Divyabharathi D/o Ramalingam, aged about 20 years and rescue her from the illegal custody of the respondents 3 to 5 and produce before this Court and set her at liberty forthwith. https://hcservices.ecourts.gov.in/hcservices/

2. It is the case of the petitioner that her niece Divyabharathi, aged about 20 years went missing on 04.07.2015, in connection with which a case in Udayarpalayam Police Station Cr.No.317 of 2015 for "woman missing" has been registered and the investigation is pending. Since the police have not taken effective steps to trace the detenue, the petitioner has approached this Court by filing this petition.

3. When the matter was taken up for hearing, the respondent police produced the detenue Divyabharathi aged about 20 years. On enquiry, she stated that she has married one Vigneswaran, S/o Settu. This fact was brought to the notice of the petitioner and the detenue's mother.

4. In view of the fact that the detenue is a major and that she has married the said person, this Court is of the opinion that there is no illegal custody of the detenue. Accordingly, this Habeas Corpus Petition is closed.

Gms sd/- Assistant Registrar (C.O) /True Copy/ Sub-Assistant Registrar To 1.

The Superintendent of Police Ariyalur District.

2.

The Inspector of Police Udayarpalayam Police Station Ariyalur District.

3.

The Public Prosecutor High Court, Chennai.

HCP.No.2861 of 2015 VSN MLT 29/12/2015 https://hcservices.ecourts.gov.in/hcservices/