D.Gandhimathi v. The Deputy Superintendent Of
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.2935 of 2015 D.Gandhimathi ... Petitioner
Versus
1. The Deputy Superintendent of Police Arakonam Taluk, Arakonam Vellore District.
2. The Inspector of Police Arakkonam Town Police Station Arakkonam, Vellore District.
3. Balaji
4. Babu ... Respondents This Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus to direct the respondents to produce the petitioner's daughter Ms.Mohana Priya, D/o.A.Devaraj Achari and aged about 17 years before this Court and set her at liberty forthwith. For Petitioner :
Dr.G.Krishnamurthy For R1 :
Mr.A.N.Thambidurai Additional Public Prosecutor
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 Mohana Priya, aged about 17 years, to cause production of her daughter, who is said to be in the illegal custody of the respondents 3 and 4, before this Court and to set her at liberty forthwith.
2.
Though the above case is not listed in the cause list, it is taken for hearing at 2.15 p.m., at the special mention of the learned Additional Public Prosecutor, since the detenue Mohana Priya was secured by the respondent police. 3.
It is the case of the petitioner that her daughter Mohana Priya aged about 17 years, studying First Year B.B.A.,went missing from 26.10.2015, in connection with which, a case in Cr.No.535/2015 for 'Girl Missing' has been registered by the Arakkonam Town Police Station on 27.10.2015 and the investigation is in progress.
4.
During the pendency of the above Habeas Corpus Petition, the detenue Mohana Priya has been secured by the respondent police and is produced before this Court today along with her parents, viz., the petitioner D.Gandhimathi and her husband A.Devaraj.
Mr.Thirunavukkarasu, the Special SubInspector of Police attached to the 2nd respondent police station is also present before us.
5.
On enquiry, the detenue Mohana Priya has stated that she went to her relatives place on her own volition and that she wishes to go along with her parents, who are present before us today.
6.
Recording the submission of the detenue, this Habeas Corpus Petition is closed, handing over the custody of the detenue to her parents.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gg/AP TO
1. The Deputy Superintendent of Police Arakonam Taluk, Arakonam Vellore District.
2. The Inspector of Police Arakkonam Town Police Station Arakkonam, Vellore District.
3. The Public Prosecutor High Court, Madras.
+1cc to Dr.G.Krishnamurthy, Advocate, S.R.No.65351 HCP.No.2935 of 2015 SKV(CO) CA(18/12/2015)