Karnan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2022 CORAM :
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN H.C.P.NO.703 OF 2022 Karnan
...Petitioner
Vs.
1.The Superintendent of Police, Thiruvallur District, Thiruvallur TK & DT.
2.The Inspector of Police, P4 Sevvapet Police Station, Thiruvallur TK & DT.
3.Dinesh
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the second respondent to produce the petitioner's daughter Pavithra, aged about 21 years, before this Court from the custody of the third respondent and set her at liberty.
For Petitioner : Mr.T.R.Shanmugam For Respondents 1 and 2 : Mr.R.Muniyapparaj, Addl. Public Prosecutor
ORDER
[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the second respondent to produce the petitioner's daughter Pavithra, aged about 21 years, before this Court from the custody of the third respondent and set her at liberty.
2. It is the case of the petitioner that his daughter Pavithra, aged about 21 years, went missing from 06.05.2021 and she is in the illegal detention of Dinesh, third respondent herein.
3. Today, V.Sagadevan (Mobile No.94981 40271), SubInspector of Police, B-4, Sevvapet Police Station, Thiruvallur District, is present.
4.
On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Sevvapet Police Station Crime No.168 of 2021 was registered on 06.05.2021 for 'woman missing' and during the course of investigation, it came to light that Pavithra was in love with Dinesh/R3, eloped with him and got married to him at Puducherry on 07.05.2021; since Dinesh/R3 was living within the jurisdiction of Bhuvanagiri Police Station, Pavithra and Dinesh/R3 appeared before the Inspector of Police, Bhuvanagiri Police Station on 11.05.2021, who, in turn, informed the family of Pavithra and Pavithra's brother Aakash came to the said police station for enquiry; during enquiry, Pavithra stated that she would go only with Dinesh/R3 and therefore, the complaint was closed.
5.
Today Pavithra appeared before this Court via whatsapp video call and when enquired by us, she stated that her date of birth is 29.08.2001 and she is 21 years old. She further stated that she has studied B.Com. and she has got married to Dinesh/R3 and living with him in his house.
6.
Since Pavithra is not in the illegal custody of anyone, no writ of habeas corpus can be issued.
Hence, this habeas corpus petition stands closed. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar nsd To 1.The Superintendent of Police, Thiruvallur District, Thiruvallur TK & DT.
2.The Inspector of Police, P4 Sevvapet Police Station, Thiruvallur TK & DT.
3.The Public Prosecutor, High Court, Madras.
Copy To The Inspector of Police, Bhuvanagiri Police Station, Bhuvanagiri, Cuddalore.
+1cc to Mr.T.R.Shanmugam, Advocate Sr.No.29827 H.C.P.No.703 of 2022 SSI(CO) RVM(17/05/2022)