C.Dass v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN H.C.P.NO.614 OF 2022 C.Dass ... Petitioners Vs.

1. The Superintendent of Police, Chengalpet District, Chengalpet.

2. State represented by The Inspector of Police, Orathy Police Station, Chengalpet District.

3. R.Muthuvel ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1st and 2nd respondents to produce the petitioner's daughter D.Gayathri, aged 18 years, the detenue, before this Court from the illegal custody of the 3rd respondent and set her at liberty forthwith. For Petitioner : Mr.M.Rajendran For Respondents : 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 D.Gayathri, aged 18 years, the detenue, https://hcservices.ecourts.gov.in/hcservices/

before this Court from the illegal custody of the 3rd respondent and set her at liberty forthwith.

2.

It is the case of the petitioner that his daughter Gayathri, aged about 18 years, is in the illegal custody of Muthuvel, third respondent herein and that the police are not taking effective steps to secure her.

3.

Today, M.Saravanan (Mobile No.63691 31154), SubInspector of Police, Orathy Police Station, Chengalpet District, is present. The police produced Gayathri and Muthuvel before this Court.

4.

When enquired by us, Gayathri stated that her date of birth is 16.10.2003 and she was in love with Muthuvel and got married to him on 28.03.2022. She further stated that she is not in the illegal custody of anyone.

5.

Since Gayathri is not a minor and further, she is not in the illegal custody of Muthuvel, third respondent, no writ of habeas corpus can be issued.

In the result, this habeas corpus petition stands closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar nsd To

1. The Superintendent of Police, Chengalpet District, Chengalpet.

2. The Inspector of Police, Orathy Police Station, Chengalpet District.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.M.Rajendran, Advocate, S.R.No.26831 H.C.P.No.614 of 2022 SV(CO) RLP(05/05/2022) https://hcservices.ecourts.gov.in/hcservices/