← Library
Madras High CourtHCP/1866/2018closed

Shanthi, Aged 38 Years, v. The Inspector Of Police,

2018-09-28Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.1866 of 2018 Shanthi W/o.Ravi ... Petitioner -Vs1.The Inspector of Police, Cuddalore NT Police Station, Cuddalore District.

Crime No.287 of 2018 2.Manikandan S/o.Kamaraj ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the first respondent to produce the detenue/petitioner's daughter namely R.Sandhiya, aged 17 years, before this Court and hand over to the petitioner. For Petitioner : Mr.M.Subash Pandiyan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor [R1] *****

O R D E R

[Order of the Court was made by C.T.SELVAM, J] Petitioner seeks a direction to first respondent to produce the detenue/petitioner's daughter namely R.Sandhiya, aged 17 years, before this Court and hand over to the petitioner.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor for first respondent.

3. Detenue has been traced by first respondent at Coimbatore. Learned Additional Public Prosecutor submits that a case in Crime No.287 of 2018 on the file of first respondent for girl missing was

registered and pursuant to arrest of second respondent on 26.09.2018, the case was altered to reflect offences u/s.366 IPC and 6 of POCSO Act and second respondent was produced before learned Judicial Magistrate II, Cuddalore and remanded to custody. Detenue, who is the minor, informs intent to return to the parental home. Both petitioner/mother of detenue as also petitioner's husband, who are present, are agreeable.

In the said circumstance, the Habeas Corpus Petition shall stand closed. [C.T.S., J] [M.N.K., J] 28.09.2018 Index:yes/no, Internet:yes gm To 1.The Inspector of Police, Cuddalore NT Police Station, Cuddalore District.

Crime No.287 of 2018 2.The Public Prosecutor, High Court, Madras.

C.T.SELVAM, J and M.NIRMAL KUMAR, J gm H.C.P.No.1866 of 2018 28.09.2018