N.Marichamy v. The Director General Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN H.C.P.No.602 of 2021 N.Marichamy .. Petitioner Vs.
1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Commissioner of Police, Vepery, Chennai - 600 007.
3.The Superintendent of Police, Villupuram District, Office of the Superintendent of Police, Villupuram.
4.The Inspector of Police, Taluka Police Station, Villupuram.
5.The Inspector of Police, T-4, Maduravoyal Police Station, Greater Chennai Police, Annanagar District, Chennai - 600 095.
..Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the 4th respondent police to produce the petitioner's daughter M.Rudhra Wageshwari, aged about 18 years, set her at liberty before this Court.
For Petitioner :
Mr.V.G.Velmurugan For Respondents:
Mr.R.Prathap Kumar Additional Public Prosecutor
ORDER
[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 4th respondent police to produce the petitioner's daughter M.Rudhra Wageshwari, aged about 18 years, set her at liberty before this Court.
2.
It is the case of the petitioner that he is visually challenged and his daughter viz.,M.Rudhra Wageshwari, aged about 18 years, went missing from 29.03.2021 and that the police are not taking effective steps to secure her.
3.
In this regard, the petitioner sent a complaint dated 01.04.2021 by post to various police stations including the fourth and fifth respondents herein. The petitioner also went to the Inspector of Police, Taluka Police Station, Villupuram, fourth respondent herein and lodged a written complaint on 30.03.2021, based on which, a petition enquiry in C.S.R.No.590 of 2021 was registered and enquiry was conducted on 19.04.2021, in which, Rudhra Wageshwari appeared along with her husband Vinoth and stated that she had got married to Vinoth and produced the marriage certificate. At the instance of the petitioner, Rudhra Wageshwari handed over the ornaments worn by her and her mobile phone to the petitioner in the police station and thereafter, the police closed C.S.R.No.590 of 2021. 4.
However, it appears that a case has been registered by the fifth respondent in Maduravoyal Police Station Crime No.202 of 2021 for 'woman missing'.
5.
The learned counsel for the petitioner also conceded the aforesaid facts.
6.
In view of the above, it is seen that Rudhra Wageshwari, aged about 18 years, is not in the illegal custody of anyone for the issuance of a writ of habeas corpus. In the result, this habeas corpus petition stands closed. It is open to the fifth respondent/police to closed the investigation in Crime No.202 of 2021.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar
To 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Commissioner of Police, Vepery, Chennai - 600 007.
3.The Superintendent of Police, Villupuram District, Office of the Superintendent of Police, Villupuram.
4.The Inspector of Police, Taluka Police Station, Villupuram.
5.The Inspector of Police, T-4, Maduravoyal Police Station, Greater Chennai Police, Annanagar District, Chennai - 600 095.
6.The Public Prosecutor, Madras High Court, Chennai - 600 104.
+2 CCS to Mr.B. JanakiRam, Advocate sr 24331. H.C.P.No.602 of 2021 KV(CO) SP(19/05/2021)