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Madras High CourtHCP/782/2022disposed of

Sarasu v. The Commissioner Of Police

2022-05-11Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.05.2022

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY HCP.No.782 of 2022 Sarasu ... Petitioner Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Veppery, Chennai.

2. The Inspector of Police, Abiramapuram Police Station, Chennai.

3. Suresh ... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the 2nd Respondent to produce the petitioner's minor daughter Manimegalai aged about 16 years before this Court from the custody of third respondent and handover to the petitioner.

For Petitioner :

Mr.D.Arun For Respondents :

Mr.R.Muniyapparaj Addl. Public Prosecutor[R1 & R2]

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The petitioner is the mother of the detenue. The detenue is aged about 16 years. She had been kidnapped by the third respondent and subjected to physical abuse also. The victim is also presently pregnant and has been produced before us. We had an interaction with the victim and she categorically stated that she would go with her mother.

https://hcservices.ecourts.gov.in/hcservices/

2. Recording the said submission, this Habeas Corpus Petition is disposed of. The petitioner is permitted to take the victim along with her. Petitioner's counsel pointed out that proper Sections of the Child Marriage Prohibition Act, 2006 have not been included in the FIR. Since a minor girl is a victim of brutal act of the accused, we expect the second respondent to prosecute the matter diligently. Sd/- Vacation Officer //True Copy// Sub Assistant Registrar gpa/mp To

1. The Commissioner of Police, Office of the Commissioner of Police, Veppery, Chennai.

2. The Inspector of Police, Abiramapuram Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

HCP.No.782 of 2022 VGII (CO) PR (20/05/2022) https://hcservices.ecourts.gov.in/hcservices/