R.Geetha v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.889 of 2021 R.Geetha, W/o.Ravi Selvam

...Petitioner

versus 1.The Commissioner of Police, Greater Chennai, Veppery, Chennai - 600 007.

2.The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.

3.Aaron Siddiq

...Respondents

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the 1st and 2nd respondents herein to produce the body of the detenue by name Anitha aged about 19 years, from the illegal custody of the third respondent before this Court and set her at liberty. For Petitioner : M/s.G.Saranya For Respondent Nos.1 & 2 : Mr.R.Muniyapparaj Government Advocate [Crl. Side] For Respondent No.3 : No Appearance

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This petition has been filed seeking a direction to the respondents 1 and 2 to produce the body of the detenue viz. Anitha, aged about 19 years, from the illegal custody of the third respondent before this Court and set her at liberty. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondents 1 and 2.

3. It is the case of the petitioner that her daughter Anitha (DOB 30.11.2001) aged about 19 years, went missing since 23.05.2021 and that, her whereabouts were not known.

4. During the pendency of this petition, the second respondent police secured Anitha. The petitioner and the detenue Anitha were produced by video conferencing from the second respondent Police Station. When enquired by us, Anitha told that she is in love with the third respondent and that, since her mother was not agreeable for marriage, she has left her parental home and got married to the third respondent, on her own accord.

5. Therefore, we are of the opinion that the detenue Anitha is not in the illegal custody of any person for the issuance of a writ of Habeas Corpus. Hence, this Petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar sri To 1.The Commissioner of Police, Greater Chennai, Veppery, Chennai - 600 007.

2.The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.889 of 2021 SRII(CO) SP(22/07/2021) https://hcservices.ecourts.gov.in/hcservices/