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Madras High CourtHCP/598/2021closed

Menaga v. The Superintendent Of Police,

2021-08-31Honourable Mr Justice P. N. Prakash,Honourable Ms Justice R.N.Manjula3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MS.JUSTICE R.N.MANJULA H.C.P.NO.598 OF 2021 Menaga ... Petitioner .Vs.

1. The Superintendent of Police, Cuddalore District.

2. The Inspector of Police, Veppur Police Station, Cuddalore District.

3. Vijay ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the 2nd respondent therein to produce the minor detenue namely Shobana, aged 17 years before this Court and hand over to the petitioner.

For Petitioner : Mr.K.Vijayaragavan For R1 and R2 : Mr.R.Muniyapparaj Government Advocate (Crl. Side)

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] On 19.04.2021, we passed the following order : " It is the case of the petitioner that her daughter Shobana, aged about 17 years, went missing

from 03.03.2021 and that the police are not taking effective steps to secure her.

2. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Veppur Police Station Crime No.89 of 2021 was registered under Section 366-A IPC, against Vijay, third respondent herein, on 04.03.2021. He further submitted that during the course of investigation, it came to light that Shobana has eloped with Vijay, third respondent herein, aged about 21 years.

3. In such view of the matter, this Court issues a direction to the Deputy Superintendent of Police, Thittakudi Sub-Division, to monitor the investigation in Veppur Police Station Crime No.89 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue viz., Shobana, aged about 17 years, is secured, she shall be produced before the Judicial Magistrate Court No.I, Vridhachalam, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody.

Post the matter on 14.06.2021."

2. Today, Mr.Venkatesan, Special Sub Inspector of Police, is present before this Court. On instructions, the learned Government Advocate (Crl. Side) submitted that the police secured the detenue viz., Shobana in Veppur P.S.Crime No.89 of 2021 on 27.08.2021 and produced her before the Judicial Magistrate No.I, Vridhachalam. The accused viz., Vijay was also arrested by the police and was remanded in judicial custody. The learned counsel for the petitioner also conceded this aspect. Recording the above submission of the learned Government Advocate (Crl. Side), this petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gya

To 1.

The Superintendent of Police, Cuddalore District.

2.

The Inspector of Police, Veppur Police Station, Cuddalore District.

3.

The Public Prosecutor, High Court, Madras.

H.C.P.NO.598 OF 2021 BP(CO) PBS/13/10/2021