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Madras High CourtHCP/604/2022closed

Selvi v. The Superintendent Of Police

2022-04-18Honourable Mr Justice P. N. Prakash,Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice A.A.NAKKIRAN H.C.P.No.604 of 2022 Selvi .. Petitioner Vs.

1. The Superintendent of Police, SP Office, Kallakurichi, Kallakurichi District - 605 202.

2. The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

3. S.Arul .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1st respondent and 2nd respondent to produce the petitioner's daughter Prabha Sree, aged 18 years, daughter of Muthusamy, before this Court and set her at liberty.

For Petitioner : Mr.S.Thamilprabhu For RR 1 and 2 : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the 1st and 2nd respondents to produce the petitioner's daughter Prabha Sree, aged 18 years, daughter of Muthusamy, before this Court and set her at liberty. 2.

It is the case of the petitioner that her daughter Prabha Sree, aged about 18 years, went missing from 07.03.2022 and that the police are not taking effective steps to secure her.

3.

Today, V.Kalaimani (Mobile No.94981 52957), Head

Constable 1610, Ulundurpet Police Station, Kallakurichi District, is present.

4.

On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Ulundurpet Police Station Crime No.122 of 2022 has been registered on 08.03.2022 under Section 366 IPC against Arul, third respondent herein and during the course of enquiry, it came to light that the detenue Prabha Sree was in love with Arul and has eloped with him and has got married to him.

5.

Be that as it may, we direct the Deputy Superintendent of Police, Ulundurpet Sub-Division, Kallakurichi District, to supervise the investigation in Ulundurpet Police Station Crime No.122 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Prabha Sree, aged about 18 years, is secured, she shall be produced before the Judicial Magistrate Court No.I, Ulundurpet, Kallakurichi District, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law. With the above directions, this habeas corpus petition stands closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nsd To

1. The Judicial Magistrate No.I, Ulundurpet, Kallakurichi District.

2. The Deputy Superintendent of Police, Ulundurpet Sub-Division, Kallakurichi District.

3. The Superintendent of Police, SP Office, Kallakurichi, Kallakurichi District - 605 202.

4. The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

5. The Public Prosecutor, High Court, Madras.

+2cc to Mr.S.Thamilprabhu, Advocate, S.R.No.25865 H.C.P.No.604 of 2022 GMR(CO) CT 21/04/2022