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Madras High CourtHCP/1782/2018closed

Jayashanker, Aged 34 Years v. The Superintendent Of Police,

2019-09-06Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.09.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMR. TEEKA RAMAN H.C.P.No.1782 of 2018 Jayashanker ..

Petitioner Vs

1. The Superintendent of Police, Krishnagiri, Krishnagiri Distirct

2. The Inspector of Police, All Women Police Station, Krishnagiri, Krishnagiri District

3. Murthy ..

Respondent Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, directing the respondents to produce the petitioner's niece Gowry, D/o Kaniappan, aged 16 years and hand over the custody of the detenue Gowry to the petitioner.

For Petitioner ..

Mr.T. Muruganantham For Respondents..

Mr.R. Prathap Kumar Addl. Public Prosecutor

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the respondent to produce the body of the detenue namely Gowry, aged about 16 years and set her at liberty, the present habeas corpus petition has been filed by the petitioner/uncle of the detenu.

2.The learned Additional Public Prosecutor would submit that it is the fourth time of elopement of the detenue. At the time of first two times of elopement, no case has been registered and for the third time of elopement, case has been registered in Cr.No.73 of 2018 on the file of Mahila Court, https://hcservices.ecourts.gov.in/hcservices/

Krishnagiri. Since the third respondent, who has been arrayed as an accused did not appear before the Court, N.B.W was issued. Now, for the fourth time, the detenue has eloped with the third respondent. The efforts are on to trace the detenu. 3.Thus, we do not find any illegal detention involved in this case. However, we direct the respondent to proceed with the investigation. As and when, the detenu is secured, he should be produced before the concerned jurisdictional Magistrate.

4. In view of the above, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar (J) //True Copy// Sub Assistant Registrar sr To

1. The Superintendent of Police, Krishnagiri, Krishnagiri Distirct

2. The Inspector of Police, All Women Police Station, Krishnagiri, Krishnagiri District

3. The Public Prosecutor, High Court, Madras.

H.C.P.No.1782 of 2018 GN(03/10/2019) https://hcservices.ecourts.gov.in/hcservices/