Sulochana v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2022 Coram:
The Honourable Mr. Justice S.VAIDYANATHAN The Honourable Mr. Justice A.D.JAGADISH CHANDIRA H.C.P.No.274 of 2022 Sulochana .. Petitioner Vs.
1. The Commissioner of Police, Tiruppur City, Tiruppur.
2. State represented by Inspector of Police, Tiruppur Central Police Station, Tiruppur City.
3. Shridhar .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the second respondent police to produce the body of the detenue, the petitioner's daughter Sangeetha aged about 17 years D/o. Sulochana before this Court and hand over her custody to the petitioner.
For Petitioner : Mr. J.Franklin For Respondents 1&2 : Mr. M.Babu Muthumeeran Additional Public Prosecutor
ORDER
(Hearing was made through Hybrid mode) S.VAIDYANATHAN, J., A.D.JAGADISH CHANDIRA, J., This Habeas Corpus Petition has been filed by the mother of the detenue seeking production of her daughter Sangeetha, aged 17 years, before this Court and hand over custody to the petitioner.
2. When the matter was listed on 18.02.2022, this Court passed the following order:
" 3. In such view of the matter, this Court issues a direction to the Assistant Commissioner of Police, KVR Nagar Range, Tiruppur SubDivision, to supervise the investigation in Tiruppur Central Police Station Crime No.17 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Sangeetha, aged about 17 years, is secured, she shall be produced before the Judicial Magistrate Court No.II, Tiruppur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law."
3. Today, when matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 submits that the victim girl was secured as per the directions of this Court and she was produced before the Judicial Magistrate - II, Tiruppur and statement was recorded from her. The alleged detenue has stated before the learned Magistrate that she had attained majority and after that she had married the third respondent and she had also expressed her intention to go along with her husband, the third respondent herein. Based on that, the learned Magistrate permitted the alleged detenue to go along with her husband. It is seen that the alleged detenue, Sangeetha, and her date of birth is 25.04.2004, daughter of the petitioner, is not under illegal detention.
4. In view of the above, this Habeas Corpus Petition stands closed. (S.V.N.,J.) (A.D.J.C.,J.) 01.07.2022 Index: Yes/No bkn
S.VAIDYANATHAN, J., A.D.JAGADISH CHANDIRA, J., bkn To
1. The Commissioner of Police, Tiruppur City, Tiruppur.
2. The Inspector of Police, Tiruppur Central Police Station, Tiruppur City.
3.The Public Prosecutor, High Court, Madras.
H.C.P.No.274 of 2022 01.07.2022