M.Gulabjohn v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN H.C.P.No.623 of 2015 M.Gulabjohn ..Petitioner Vs 1.The Inspector of Police, Thellar Police Station, Thellar,Tiruvannamalai District.

2.Thamilarasan ..Respondents Prayer:- This Habeas Corpus Petition is filed under Article 226 of the Constitution of India to direct the respondents to produce the body of Naseem, D/o Mohammed Saleem, aged 19 years, having permanent residence at Pallivasal Street, Thellar, Vandavasi Taluk, Tiruvannamalai District, before this Court and set her at liberty forthwith.

For Petitioner :

Mr.B.Jawahar For I Respondent :

Mr.A.N.Thambidurai, Additional Public Prosecutor .

O R D E R

The matter was not listed today. However, since the Police has secured the alleged detenue, the Registry was directed to put up a special list.

2. The petitioner is the mother of the detenu and her husband is working in a foreign country. It is submitted by the petitioner that her elder daughter, namely, Naseem, who is 19 years of age, was studying 2nd year B.Sc., at Agilandeswari College for Women at Vandavasi. It is further submitted by the petitioner that her daughter was found missing from 17.01.2015 and inspite of the best efforts taken by the petitioner, she could not trace her. Therefore, the petitioner has given a complaint before the 1st respondent on 18.01.2015. According to the petitioner, since no effective steps were taken by the https://hcservices.ecourts.gov.in/hcservices/

respondent police to secure the detenue, she was constrained to file this Habeas Corpus Petition.

3. Today, the 1st respondent police has produced the alleged detenue, Naseem. The petitioner is also present in Court. When the detenue was enquired, she had stated before us that she had love affair with the second respondent herein, who is a Hindu and got married to him on 30.01.2015. She further stated that the marriage was registered before the Sub-Registrar of Marriage, Selaiyur, and she also produced the Certificate of Registration of Marriage, dated 30.01.2015. She further stated that she is not willing to go along with the petitioner.

4. The statement made by the detenue is recorded. Since the detenue is a major and that she got married, she is is permitted to go as per her wish. Hence, Habeas Corpus Petition is closed as no further order is necessary. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar vsi To 1.The Inspector of Police, Thellar Police Station, Thellar,Tiruvannamalai District.

2. The Public Prosecutor, High Court, Chennai.

H.C.P.No.623 of 2015 GJ (CO) kk 21/3 https://hcservices.ecourts.gov.in/hcservices/