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Madras High CourtHCP/190/2023closed

Ponraj Praveenkumar v. The Commissioner Of Police

2023-02-15Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2023 Coram The Hon'ble Mr. Justice M.SUNDAR and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P.No.190 of 2023 Ponraj Praveenkumar .. Petitioner -vs1.The Commissioner of Police, Avadi City, Tiruvallur District.

2.The Inspector of Police, Pattabiram Police Station, Tiruvallur District.

3.Karthick Krishna .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 and 2 to produce the petitioner's daughter by name Priyanka Claudia aged about 21 years before this Court and set her at liberty. For Petitioner : Mr.M.Subash For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor for R1 and R2

ORDER

[Order of the Court was made by M.SUNDAR, J.] This order will now dispose of captioned 'Habeas Corpus Petition' (hereinafter 'HCP' for the sake of convenience and clarity). 2.

This order has to be read in conjunction with and in continuation of earlier proceedings made by us on 08.02.2023 which reads as follows:

'In the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of convenience and clarity] father of a 21 year old girl is the petitioner. This girl shall hereinafter be referred to as 'absentee' for the sake of convenience and clarity.

2. It is the case of the petitioner that his daughter is missing from 23.01.2023, he has given a complaint and the same has been registered as Crime No.31 of 2023 dated 24.01.2023 on the file of the second respondent. It is the apprehension of the petitioner that the absentee may be in illegal custody of third respondent (private respondent).

3. Mr.M.Subash, learned counsel on record for petitioner is before us.

4. Mr.R.Muniyapparaj, learned Additional Public

Prosecutor who accepts notice on behalf of respondents 1 and 2 submits that investigation is underway. Learned Additional Public Prosecutor submits that in the course of investigation even according to the petitioner it appears that the absentee has married third respondent.

5. Learned counsel for petitioner requests for two weeks time. Request acceded to.

6. List a fortnight hence. List on 22.02.2023.' 3.

The aforesaid earlier proceedings is tell-tale qua factual matrix and the trajectory the matter has taken. Today, the absentee has been produced before us. Likewise the petitioner is present along with spouse i.e., parents of the absentee. To be noted, third respondent is also present in Court.

4.

This Court is informed that the absentee is married to the third respondent, date of marriage is 23.01.2023 and that it was solemnized in Mariamman Temple, Uthukottai. This Court is also informed by both sides that the absentee's parents i.e., petitioner and his spouse as well as third respondent 's parents are in harmony as regards the marriage and that the absentee and the third respondent are happily married.

5.

Recording the stated position of the parties, captioned

HCP is disposed of as closed as there is no illegal detention. (M.S., J.) (M.N.K., J.) 15.02.2023 Index:Yes/No mmi To 1.The Commissioner of Police, Avadi City, Tiruvallur District.

2.The Inspector of Police, Pattabiram Police Station, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

mmi H.C.P.No.190 of 2023 15.02.2023