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Madras High CourtHCP/623/2023closed

S.Devi v. The Commissioner Of Police

2023-04-28Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR S.Devi .. Petitioner Vs 1.The Commissioner of Police, Veppery, Chennai District.

2.The Inspector of Police, Basin Bridge Police Station, Chennai District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the 2nd respondent to produce body or person of petitioner's minor daughter XXX, daughter of Sasikumar, aged about 17 years, before this Court and handover to the petitioner.

For Petitioner :

Mr.S.Esakkimuthu For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.N.Nakeeran Page Nos.1/8

ORDER

[Order of the Court was made by M.NIRMAL KUMAR, J.,] Petitioner, who is the mother of XXX (we are masking the name for obvious reasons and we shall be referring to the petitioner's daughter as 'absentee') lodged a complaint on 28.03.2023 with the second respondent police stating that the absentee who had completed 12th examination had gone to her friend's house for combined study but not returned home and on enquiry, she came to know that the absentee had not gone to her friend's house also. 2.

Learned Additional Public Prosecutor submits that the absentee had gone out with her friend and she was dropped by her friend near her house. Thereafter, the petitioner had taken her to the second respondent and the second respondent forwarded the complaint to All Women Police Station, Pulianthope and the investigation is in progress.

3.

Today, the petitioner and the absentee are present before this Court.

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4.

We had interaction with the petitioner as well as the absentee. On enquiry, the absentee stated that due to misunderstanding, she had gone with her friend on her own. The petitioner informed that she is ready to take the absentee with her and she is not interested in pursuing the complaint further. 5.

In view of the same, the respondent police is directed to follow the directions given in Circular Memorandum of Director General of Police dated 03.12.2023 bearing reference Rc.No.009464/Crime4(3)/2022 and a scanned reproduction of the same is as follows: Page Nos.3/8

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6. In view of the above, this habeas corpus petition stands closed.

(M.S.,J.) (M.N.K.,J.) 28.04.2023 Index : Yes / No mmi To 1.The Commissioner of Police, Veppery, Chennai District.

2.The Inspector of Police, Basin Bridge Police Station, Chennai District.

3.The Public Prosecutor, High Court, Madras.

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M.SUNDAR, J., and M.NIRMAL KUMAR , J., mmi 28.04.2023 Page Nos.8/8