M.Rekha v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.628 of 2021 M.Rekha

...Petitioner

Vs.

1.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

2.State represented by The Inspector of Police, W-32, Madipakkam All Women Police Station, St.Thomas Mount, Chennai.

3.The Child Welfare Committee, Chengalpattu - 603 002, Kancheepuram District.

4.Uma Shankar 5.The New Hope & New Life, Represented by C.Wilson, Gangai Amman Koil Street, 3rd Ward, No.3,317, Nakkampillaiyam Road, Perumpakkam,Chennai - 600 100.

...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 2nd respondent to produce the petitioner's minor daughter Sai Harini, aged about 16 years, before this Court, from the custody of the 4th and 5th respondents and hand over to the petitioner.

For Petitioner :

Mr.Revathi G Mohan For Respondents :

Mr.R.Prathap Kumar Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 2nd respondent to produce the petitioner's minor daughter Sai Harini, aged about 16 years, before this Court, from the custody of the 4th and 5th respondents and hand over to the petitioner. 2.

The fact remains that the alleged detenue Sai Harini, aged about 16 years, is lodged in the New Hope & New Life Trust, fifth respondent herein, on the orders of the Child Welfare Committee and therefore, it cannot be stated that she is in the illegal detention of anyone for the issuance of writ of habeas corpus.

In the result, this habeas corpus petition is closed with liberty to the petitioner to work out her remedy in the manner to law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsd To 1.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

2.The Inspector of Police, W-32, Madipakkam All Women Police Station, St.Thomas Mount, Chennai.

3.The Child Welfare Committee, Chengalpattu - 603 002, Kancheepuram District.

4.The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.628 of 2021 JP-II(CO) RN(04/05/2021) https://hcservices.ecourts.gov.in/hcservices/