Sahira Banu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.287 of 2021 Sahira Banu W/o.Mohammed Rafi ... Petitioner Vs 1.The Superintendent of Police, District Police Office Building, 1st Floor, Sathuvacheri, Vellore - 632 009.

2.The Sub-Inspector of Police, Vellore South (L&O) PS, Vellore - 632 012.

3.Goutham (a) Chinnraj S/o.Karuvadu Mani ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the second respondent to produce the body or person of petitioner's daughter, namely, R.Jilani, aged about 16 years, minor girl and to hand over to the petitioner. For Petitioner :

Mr.A.Raja Mohamed For Respondents:

Mr.R.Muniyapparaj Government Advocate [Crl.side] *****

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the second respondent to produce the petitioner's daughter, namely, R.Jilani, aged about 16 years, before this Court and hand over to the petitioner.

2. On 23.04.2021, we passed the following order: 'It is the case of the petitioner that, her daughter Jilani, aged 16 years, went missing from 25.12.2020 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 Vellore South P.S.Crime No.1920 of 2020 for "girl missing" was initially registered on 27.12.2020 and thereafter, it was altered to one under Section 366-A IPC on 16.02.2021.

3. In view of the above, we direct the Deputy Superintendent of Police, Vellore Sub-Division, to monitor the investigation in Vellore South P.S.Crime No.1920 of 2020 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she shall be produced before the Judicial Magistrate No.I, Vellore, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders.

Post the matter on 22.06.2021.'

3. Today, when the matter is taken up for hearing, learned Government Advocate [Crl.side] submitted that the missing girl Jilani was secured by the police and was produced before the learned Judicial Magistrate I, Vellore, on 05.07.2021 and she was handed over to her parents.

4. Today, the victim girl and her mother was produced by the second respondent via Video Conferencing and when enquired, the victim girl stated that she is with her mother. Recording the same, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar gm To 1.The Judicial Magistrate I, Vellore.

2.The Superintendent of Police, District Police Office Building, 1st Floor, Sathuvacheri, Vellore - 632 009.

3.The Sub-Inspector of Police, Vellore South (L&O) PS, Vellore - 632 012.

4.The Public Prosecutor, High Court, Madras.

H.C.P.No.287 of 2021 KV(CO) CB(13/08/2021)