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Madras High CourtHCP/922/2022dismissed

Uma v. Commissioner Of Police

2022-05-25Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.05.2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.SARAVANAN HCP.No.922/2022 Uma .. Petitioner

Versus

1. The Commissioner of Police Avadi, Chennai.

2. The Inspector of Police T-11, Tiruninravur Police Station Chennai.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of Habeas Corpus directing the respondents to produce the body of the petitioner's daughter namely, ''Sathana'' aged about 22 years before this Court and set her at liberty.

For Petitioner :

Mr.K.Elangovan For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

[Order of the Court was made by S.M.SUBRAMANIAM, J.,] (1) The writ on hand has been filed to produce the body of the detenue Sathana aged about 22 years, daughter of the petitioner herein.

(2) The petitioner states that the whereabouts of her daughter is not known and she lodged a complaint.

(3) Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing for the respondent contended that the detenue married one Mr.Sharma S/o.Shankar and is living with him happily. She voluntarily came to the All Women Police Station, Tiruverumbur and given a statement that she is not willing to go along with her parents and further she has stated that she is not even willing to see her parents. She is afraid of her parents as they may not accept the marriage.

(4) However, the detenue being a major, has taken an independent decision to live along with her husband Mr.Sharma. The father of the detenue filed a complaint on 12.04.2022, which was registered in Crime No.162/2022 before the Tiruninravur Police Station.

When the complaint was taken for investigation and when the police approached the father of the detenue, he informed that he is not willing to pursue the complaint any further. (5) This being the statement given by the father of the detenue, no further adjudication is required and the detenue is not under any illegal detention.

(6) Thus, the Habeas Corpus Petition stands dismissed. Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar AP To

1. The Commissioner of Police Avadi, Chennai.

2. The Inspector of Police T-11, Tiruninravur Police Station Chennai.

3. The Public Prosecutor High Court, Madras.

HCP.No.922/2022 AJS(CO) SU(30/05/2022)