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Madras High CourtHCP/377/2018closed

Mohamed Baboo Abdul Hameed, v. The State

2018-03-05Honourable Mr Justice N. Sathish Kumar,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.377 of 2018 Mohamed Baboo Abdul Hameed ... Petitioner -Vs1.The State rep. By Inspector of Police, Chengalpattu Town Police Station, Chengalpattu, Kancheepuram District.

2.S.Raju ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 1st respondent to produce Petitioner daughter detenue named Famidha Sulthana Mohamed Baboo, Aged About 22 Years, who is now in the illegal detention and custody of the 2nd respondent herein produce her before this Hon'ble Court and set at liberty. For Petitioner :

Mr.R.Muniyapparaj For Respondents:

Mr.R.Prathap Kumar Additional Public Prosecutor For RR1 Mr.B.Ganesamoorthy for R2

ORDER

[Order of the Court was made by C.T.SELVAM, J.] Petitioner, who is the father of detenue viz., Famidha Sulthana Mohamed Baboo, aged 22 years, seeks production of his daughter.

2. Heard learned counsel for petitioner, learned Additional Public Prosecutor for first respondent and learned counsel for second respondent.

3. The alleged detenue/daughter of petitioner has been produced by first respondent. Second respondent viz., Raju is also present. The second respondent as also the alleged https://hcservices.ecourts.gov.in/hcservices/

detenue, who is a major, aged 22 years are to get married by causing notice of intent under the Special Marriage Act. They inform of entering upon marrige on 21.03.2018. Both detenue as also second respondent inform that they are taking up residence with the sister of second respondent at No.21, Ambedkar Street, Karikkalavakkam, Thiruvallur, and that they fear a threat to their lives at the hands of persons acting at the behest of the petitioner/father of the detenue.

4. In the circumstances, this Habeas Corpus Petition does not survive consideration. Accordingly, the same shall stand closed, however, with a direction to the jurisdictional police at Tiruvallur District to keep a watch towards the welfare of the second respondent and the alleged detenue. Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar kmi To 1.The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu, Kancheepuram District.

2. The Public Prosecutor High Court, Madras-104.

Copy to:

The Inspector of Police, Tiruvallur Town Police Station, Tiruvallur District.

+ 1 cc to Mr.B.Ganesamoorthy Advocate,SR.16907 + 1 cc to M/s.Senthil Kumar Advocate,SR.16588 H.C.P.No.377 of 2018 mg(co) nr 03/04/2018 https://hcservices.ecourts.gov.in/hcservices/