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Madras High CourtHCP/550/2018closed

Kavitha, F/A.38 Years v. State Rep By Its

2018-05-08Honourable Mr Justice S.M. Subramaniam,Honourable Mrs Justice S. Ramathilagam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.05.2018 Coram THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM & THE HON'BLE MRS.JUSTICE S.RAMATHILAGAM H.C.P.No.550 of 2018 Kavitha ... Petitioner Vs.

1.State rep. by its The Inspector of Police Perambalur Police Station Perambalur District 2.Balamurugan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the 1st respondent to produce the body or person of the petitioner's Minor daughter Divya, D/o.Kuppusamy aged about 17 years and set her at liberty forthwith.

For Petitioner : Mr.W.Camyles Gandhi For 1sr Respondent : Mr.R.Ravichandran Govt. Advocate.

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in this Habeas Corpus Petition is to direct the first respondent to produce the body or person of the petitioner's Minor daughter Divya, aged about 17 years and set her at liberty.

2. The mother of the detenue is the petitioner in this Habeas Corpus Petition. The grievance of the petitioner was that on 03.03.2018, the detenue went out from the home and not returned back. Thus, the petitioner was constrained to lodge a police complaint and a case was registered in Crime No.140 of 2018 under Section 'Girl Missing'.

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3.The learned Government Advocate appearing on behalf of the respondents now submitted a copy of the statement recorded before the Sub-Inspector of Police, Perambalur Police Staiton, Perambalur District under Section 161(3) of the Code of Criminal Procedure. The detenue Ms.Divya, D/o.Kuppusamy, has stated that she left her parents house on account of the compulsion by her parents to marry a person of their choice. On account of such compulsion she left the home and there is no illegal detention as such. The detenue further stated that nobody has detained her and she left the home on her own volition. This being the statement furnished by the detenue herself before the respondent police, there is no reason to entertain the grounds raised in the Habeas Corpus Petition and the detenue has already been set at liberty.

Thus, no further adjudication is required. Accordingly, the Habeas Corpus Petition stands closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gpa To 1.The Inspector of Police Perambalur Police Station Perambalur District 2.The Public Prosecutor Madras High Court Chennai H.C.P.No.550 of 2018 NRL(CO) TR(18/05/2018) https://hcservices.ecourts.gov.