V.C.Madhaiyan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR V.C.Madhaiyan .. Petitioner Vs 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.
2.The Inspector of Police, Indur Police Station, Dharmapuri District.
3.Shabeer .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the second respondent to produce the person or body of the petitioner's daughter namely XXX, daughter of Madhaiyan, aged about 19 years before this Court from the illegal custody of the third respondent and set her at liberty.
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For Petitioner :
Mr.J.Pradeep For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John for R1 and R2
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of captioned 'Habeas Corpus Petition' ('HCP' for brevity). Captioned HCP has been filed in this Court on 06.03.2023 saying that the petitioner's daughter XXX (We are masking the name of the petitioner's daughter and we shall be referring to her as absentee for the sake of convenience and for obvious reasons.) is missing. It is the further case of the petitioner that a complaint in this regard has been given in the jurisdictional police station (second respondent) on 14.02.2023.
2.
Captioned HCP has been filed on the apprehension that the absentee is kept in illegal custody of third respondent (private respondent).
3.
Today, the matter was mentioned by learned State Additional Public Prosecutor saying that the absentee has since been Page Nos.2/8
located. The matter was listed by way of an additional list. Mr.J.Pradeep, learned counsel for petitioner, petitioner, petitioner's spouse and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor for respondents 1 and 2 (official respondents) are before us. The absentee is also before us.
4.
We had interaction with the absentee. The absentee stated that she voluntarily went before the higher police authorities and she is now before us. The absentee is a major and she is 19 years of age. The absentee says that she was born in July, 2004. The absentee also made it clear that she would like to go home with the petitioner and his spouse i.e., absentee's parents. The absentee further says that she wants to continue her education. As already alluded to supra the petitioner and his spouse are present in Court. They produced their Aadhar cards and scanned reproduction of the same are as follows: Page Nos.3/8
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5.
We had interacted with the petitioner and his spouse and Page Nos.6/8
they also very willingly said that they would take home the absentee and that the absentee would be pursuing her education. 6.
In the light of the narrative thus far, we drop the curtains qua captioned HCP. In other words, captioned HCP is disposed of as closed making it clear that we have not expressed any opinion or view about the absentee or the third respondent in this order. (M.S.,J.) (M.N.K.,J.) 15.03.2023 Index : Yes / No mmi To 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.
2.The Inspector of Police, Indur Police Station, Dharmapuri District.
3.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 15.03.2023 Page Nos.8/8