S.Rajendiran v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN H.C.P.No.446 of 2022 S.Rajendiran S/o.M.N.Sanjeevi .. Petitioner Vs.
1. The Superintendent of Police, Tiruvallur District, Tiruvallur.
2. The State represented by The Inspector of Police, Pothatturpet Police Station, Thiruvallur District.
3. C.Venkatesh S/o.Chakrapani .. Respondents Prayer :
Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the petitioner's daughter R.Vijayalakshmi, aged 17 years, before this Court from the illegal custody of the third respondent and set her at liberty forthwith.
For Petitioner : Mr.M.Rajendran For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor [R1 & R2]
ORDER
[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents 1 and 2 to produce the petitioner's daughter R.Vijayalakshmi, aged 17 years, before this Court from the illegal custody of the third respondent and set her at liberty forthwith.
2. On 21.03.2022, we passed the following order: ''It is the case of the petitioner that his daughter Vijayalakshmi, aged about 17 years, went missing from 10.03.2022 and that the police are not taking effective steps to secure her.
2. Today K.Shanmugam (Mobile No.94981 47418), Sub-Inspector of Police, Pothatturpet Police Station, Thiruvallur District, is present.
3. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Pothatturpet Police Station Crime No.54 of 2022 has been registered for 'girl missing' on 12.03.2022 and the investigation conducted so far revealed that the detenue Vijayalakshmi was in love with C.Venkatesh, S/o.Chakrapani, third respondent herein and has eloped with him.
4. In such view of the matter, we direct the Assistant Superintendent of Police, Thiruttani SubDivision, Thiruvallur District to supervise the investigation in Pothatturpet Police Station Crime No.54 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Vijayalakshmi, aged about 17 years, is secured, she shall be produced before the Disrict Munsif-cumJudicial Magistrate Court, Pallipattu, Thiruvallur District, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.
Post the matter on 18.04.2022."
3. Today, Ms.M.Manimegalai, HC-422, D-6 Pothatturpet Police Station [Mobile No.94981 48123], is present.
4. On instructions, learned Additional Public Prosecutor submitted that the detenue Vijayalakshmi was secured by the police on 09.04.2022 and was produced before the learned District Munsif cum Judicial Magistrate, Pallipattu and thereafter, the detenue was handed over to her parents. Learned counsel for the petitioner also confirmed the same. In the aforestated circumstances, nothing survives for further adjudication in the present petition. Accordingly, this Habeas Corpus Petition is closed.
Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar gm To
1. The Superintendent of Police, Tiruvallur District, Tiruvallur.
2. The Inspector of Police, Pothatturpet Police Station, Thiruvallur District.
3. The Public Prosecutor, High Court, Madras.
4. The District Munsif-cum-Judicial Magistrate, Thiruvallur District.
5. The Sub Inspector of Police, Pothatturpet Police Station, Thiruvallur District.
6. The Assistant Superintendent of Police, Thiruttani Sub-Division, Thiruvallur District.
+1cc to Mr.M.Rajendiran, Advocate SR. No.26192 H.C.P.No.446 of 2022 SSV (CO) PR (02/05/2022)