B.Sivakami v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN H.C.P.No.198 of 2022 B.Sivakami ..Petitioner Vs.

1. The Superintendent of Police,

2. The Deputy Superintendent of Police, Cuddalore Division,

3. The Inspector of Police, Annamalai Nagar Police Station, Cuddalore.

..Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the person or body of the detenue Arthy, aged 17 years, before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the respondents to produce the person or body of the detenue Arthy, aged 17 years, before this Court and hand over the custody to the petitioner.

2.On 09.02.2022, this Court passed the following order:

"It is the case of the petitioner that her daughter Arthy, aged about 17 years, went missing from 23.01.2022 and that the police are not taking effective steps to secure her.

2.On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Annamalai Nagar Police Station Crime No.84 of 2022 was registered on 23.01.2022 under Section 366-A IPC and during the course of investigation, it came to light that the detenue Arthy was in love with one Aravindan, aged about 18 years, who is working as a Tempo driver and has eloped with him.

3.In such view of the matter, this Court issues a direction to the Deputy Superintendent of Police, Chidambaram Sub-Division, to supervise the investigation in Kelambakkam Police Station Crime No.84 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Arthy, aged about 17 years, is secured, she shall be produced before the Judicial Magistrate Court No.I, Chidambaram, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Post the matter on 09.03.2022."

3.Today, when the matter was taken up for hearing, the Additional Public Prosecutor submitted that the detenue Arthy was secured on 14.02.2022 and was produced before the Child Welfare Committee (CWC), Cuddalore and thereafter, on the orders of the CWC, Cuddalore, she was handed over to her parents. Recording the same, this habeas corpus petition stands closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nsd To

1. The Superintendent of Police,

2. The Deputy Superintendent of Police, Cuddalore Division,

3. The Inspector of Police, Annamalai Nagar Police Station, Cuddalore.

4. The Public Prosecutor, High Court, Madras.

H.C.P.No.198 of 2022 SVI(CO) RGA(22/03/2022)