P.Kavitha v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2021

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.959 of 2021 P.Kavitha W/o.Purushothaman ... Petitioner Vs 1.The Superintendent of Police, Thiruvarur, Thiruvarur District.

2.State represented by Inspector of Police, All Women Police Station, Mannargudi, Thiruvarur District.

3.Aravind S/o.Rajendiran ... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's daughter, namely, Devipriya, aged about 17 years, before this Court from the custody of the third respondent and hand over to the petitioner.

For Petitioner :

Mr.D.Lakshmipathy For Respondents:

Mr.R.Muniyapparaj Government Advocate [Crl.side] *****

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 second respondent to produce the petitioner's daughter, namely, Devipriya, aged about 17 years, before this Court from the custody of the third respondent and hand over to the petitioner.

2. On 22.06.2021, we passed the following order:

'It is the case of the petitioner that, her daughter Devipriya, aged 17 years, went missing from 10.04.2021 and that she is in the illegal custody of the 3rd respondent. It is her further grievance that the police are not taking effective steps to secure her.

2. On instructions, the learned Government Advocate (Crl. Side) submitted that, on a complaint given by the petitioner, a case in Mannargudi P.S.Crime No.6 of 2021 was registered on 10.04.2021 under Section 366-A IPC against the 3rd respondent and investigation is in progress.

3. In view of the above, we direct the Deputy Superintendent of Police, Mannargudi Sub-Division, to monitor the investigation in Mannargudi P.S.Crime No.6 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she shall be produced before the Judicial Magistrate No.I, Mannargudi, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody of the detenue in accordance with law. Post the matter on 20.07.2021.'

3. Today, when the matter is taken up for hearing, learned Government Advocate [Crl.side] submitted that the missing girl Devipriya was secured by the police and was produced before the learned Judicial Magistrate I, Mannargudi, on 01.07.2021 and she was handed over to her parents.

Recording the same, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gm To 1.The Superintendent of Police, Thiruvarur, Thiruvarur District.

2.The Inspector of Police, All Women Police Station, Mannargudi, Thiruvarur District.

3.The Judicial Magistrate I, Mannargudi.

4.The Chief Judicial Magistrate, Tiruvarur.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.959 of 2021 KV(CO) B.VC(10.08.2021)