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Madras High CourtHCP/212/2022closed

V.Vetri Selvi v. The Commissioner Of Police,

2022-03-11Honourable Mr Justice P. N. Prakash,Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN H.C.P.NO.212 OF 2022 V.Vetri Selvi W/o.A.Victor Antony

...Petitioner

Vs.

1.The Commissioner of Police, Greater Chennai Corporation, 2.The Deputy Commissioner of Police, Kilpauk, Chennai.

3.The Inspector of Police, G-1 Vepery Police Station, 4.A.Ranjith Prabhu S/o.Ananda Raj

...Respondents

Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the third respondent to produce before this Court the petitioner's daughter V.Divyadharshini d/o.A.Vijay Antony, aged about 18 years, who is possibly under illegal detention by the fourth respondent and set her at liberty.

For Petitioner :

Mr.K.Balasubramaniam For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the third respondent to produce before this Court the petitioner's daughter V.Divyadharshini d/o.A.Vijay Antony, aged about 18 years, who is under the illegal detention of fourth respondent and set her at liberty.

2. It is the case of the petitioner that her daughter Divyadharshini is in the illegal custody of the fourth respondent and that police are not taking effective steps to secure her.

3. Today, Mr.R.Kannan, Inspector of Police, G-1 Vepery Police Station, [Mobile No.94981 26549] is present.

4. On instructions, learned Additional Public Prosecutor submitted that on the complaint given by the petitioner a case in Vepery P.S.Crime No.24 of 2022 for 'woman missing' has been registered and during the course of investigation, it came to light that the detenue Divyadharshini was in love with the fourth respondent and has eloped with him.

5. Today, the police made arrangements to speak to the detenu Divyadharshini via WhatsApp video call. When enquired by us, Divyadharshini stated that her date of birth is 01.02.2003 and that she is studying second year in Bachelor of Engineering [computer science] in J.P.R.Engineering College, Chennai and that she fell in love with her aunt's son Ranjith Prabhu [fourth respondent herein] and got married to him.

6. The petitioner was also present in the Court. We permitted the petitioner to speak to her daughter via Whatsapp video call. However, Divyadharshini was firm that she would not return home. Since Divyadharshini is not a minor and that she is not in the illegal custody of the fourth respondent, as alleged by the petitioner, no writ of habeas corpus will be issued. Accordingly, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar gm To 1.The Commissioner of Police, Greater Chennai Corporation, 2.The Deputy Commissioner of Police, Kilpauk, Chennai.

3.The Inspector of Police, G-1 Vepery Police Station, 4.The Public Prosecutor, High Court, Madras.

H.C.P.No.212 of 2022 PMK(CO) RVM(25/03/2022)