V.Visalachi v. The Superintendent Of Police

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 V.Visalachi .. Petitioner Vs 1.The Superintendent of Police, Thiruthani, Thiruvallur District.

2.The Sub Inspector of Police, Thiruthani Police Station, Tiruvallur District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the petitioner's daughter namely XXX, D/o.Venkatesan (aged about 16 years) before this Court and handover to the petitioner.

For Petitioner :

Mr.K.Thilageswaran For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.N.Nakeeran Page Nos.1/4

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 with the second respondent stating that her daughter studying in class 10 was found missing from 18.04.2023.

2.

Learned Additional Public Prosecutor submits that on the complaint of the petitioner, a case in Crime No.484 of 2023 has been registered for 'girl missing'. Thereafter, all steps have been taken to find out missing girl. In the meanwhile, the absentee had appeared before the second respondent police on her own on 27.04.2023 and finding that she is a minor, she was produced before the Child Welfare Committee, Thiruvallur who had passed the residential order directing to keep her in Sevalaya, Kasuva Village, Pakkam Post, Thiruninravur and the petitioner was also informed about the same. 3.

Today, the petitioner, her husband as well as the absentee are present before this Court.

Page Nos.2/4

4.

We had interaction with the petitioner as well as the absentee. On enquiry, the absentee said that she had not written her examinations properly and therefore gone to her aunt's place and later on coming to know about the complaint, she appeared before the second respondent police. Now the petitioner is willing to take the absentee with her and the absentee is also willing to join her mother. The primary concern of the petitioner is that the absentee should continue her education. It is also the intention of the absentee. 5.

In view of the above, this habeas corpus petition is closed. (M.S.,J.) (M.N.K.,J.) 28.04.2023 Index : Yes / No mmi To 1.The Superintendent of Police, Thiruthani, Thiruvallur District.

2.The Sub Inspector of Police, Thiruthani Police Station, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR , J., mmi 28.04.2023 Page Nos.4/4