D.Padmavathy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM H.C.P. No. 460 of 2020 D.Padmavathy .. Petitioner Vs.

1.The Inspector of Police, T14 Mangadu Police Station, Law and Order, Mangadu, Chennai - 122.

2.V.Tamilarasu .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the first respondent herein to produce the petitioner's daughter namely D.Priyanka, aged about 19 years, from the illegal custody of second respondent before this Court and set her at liberty. For Petitioner :Mr.D.Vijayan For Respondents:Mr.R.Prathap Kumar, Addl. Public Prosecutor for R1

ORDER

[Order of the Court was made by V.SIVAGNANAM, J.] Seeking a direction to the first respondent to produce the petitioner's daughter namely D.Priyanka, aged about 19 years, from the illegal custody of second respondent before this Court and to set her at liberty, the present habeas corpus petition has been filed.

2.It is the case of the petitioner that her daughter Priyanka, aged about 19 years went missing since 27.01.2020 and that the police have not taken effective steps to secure her. 3.Today, Mr.R.Gopal, Grade I Police Constable, T14 Mangadu Police Station, Chennai is present.

4.On instructions, the learned Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

submitted that Priyanka was in love with Tamilarasu (second respondent) and that she gave a complaint before the Inspector of Police, All Women Police Station, Gudiyatham on 31.01.2020 making allegations against her parents, seeking police protection. Based on the said complaint, the police registered a petition enquiry in CSR No.119 of 2020 and enquiry was conducted by the All Women Police Station, Gudyatham on 01.02.2020. However, on the complaint given by the petitioner, a case in Mangadu Police Station Crime No.82 of 2020 was registered on 10.02.2020 for 'woman missing'.

During the enquiry by the Inspector of Police, All Women Police Station, Gudiyatham, intimation was given to the petitioner and the petitioner appeared along with one Velayutham, Inspector of Police, Mangadu Police Station before the Inspector of Police, All Women Police Station, Gudiyatham. During the enquiry, Priyanka gave a statement that she wants to be with her husband Tamilarasu. The petitioner also gave a statement that she would not object to their marriage. Based on the statements given by the petitioner and Priyanka, further action was dropped in C.S.R.No.119 of 2020 by the All Women Police Station, Gudiyatham and further action was dropped in Mangadu Police Station Crime No.82 of 2020. 5.Recording the same, this habeas corpus petition stands closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi To 1.The Inspector of Police, T14 Mangadu Police Station, Law and Order, Mangadu, Chennai - 122.

2.The Public Prosecutor, High Court, Madras.

H.C.P. No. 460 of 2020 RGN(CO) RMP(04/03/2021) https://hcservices.ecourts.gov.in/hcservices/