E.Anandan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2015
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29101 of 2015 E.Anandan ... Petitioner vs 1.
The Superintendent of Police, Kancheepuram District.
2.
The District Social Welfare Officer, No.43, 2nd Street, Gandhi Nagar, Near IOB, Kancheepuram 631 502.
The Inspector of Police, E8, Kelambakkam Police Station, Kelambakkam 603 103 Kancheepuram District.
... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the 3rd respondent to secure and produce the accused namely, Abraham Asirvadam, S/o. J.P.Lourde Nathan before the Judicial Magistrate, Tambaram, Chennai immediately in accordance with law.
For Petitioner :
Mr.Shaikh Mehrunisa For Respondents :
Mr.C.Emalias, Addl. Public Prosecutor
O R D E R
The present Criminal Original Petition has been filed seeking a direction to the 3rd respondent to secure and produce the accused namely, Abraham Asirvadam, S/o.J.P.Lourde Nathan before the Judicial Magistrate, Tambaram, Chennai immediately in accordance with law.
2.
It is the case of the petitioner that the marriage of his daughter, namely, Revathy, born on 31.10.1997, was fixed with her maternal uncle (petitioner's wife's brother) to be held
in 2016 with the consent of his daughter and both the families. While so, on 04.11.2015, his daughter Revathy did not return home from college and upon enquiry, the petitioner came to know that she was having a love affair with her college mate, one Abraham Asirvadam, aged 20 years and that she had taken away 38 sovereigns of gold jewellery of her mother and 1.75 lakhs cash from her house. Immediately, on the next day, i.e. on 05.11.2015, the petitioner and his wife lodged a complaint with the 3rd respondent. On hearing this, on the same day, the petitioner's daughter and the accused went and surrendered themselves before the Superintendent of Police, Kancheepuram, the 1st respondent herein and sought protection for themselves. They also stated that they got married in a Church, but no proof of marriage has been produced by them.
Thereafter, the petitioner's daughter and the accused were brought to the 3rd respondent's office and the same statement was given by the petitioner's daughter and the accused once again. Even though the petitioner insisted on recovering the cash and jewels from them, the 3rd respondent did not heed to the petitioner's request and sent the girl and the accused back to stay together stating that "she is happy there and does not want to return to her mother".
Pursuant thereto, the petitioner filed H.C.P.No.2947 of 2015 to secure his daughter. In spite of FIR being registered on 20.11.2015, as the accused has not been secured and produced before the Judicial Magistrate, Tambaram, the petitioner, having no other alternative, has come up with the present Criminal Original Petition.
4.
Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
5.
Learned Additional Public Prosecutor would submit that the respondents are taking steps to secure the accused. 6.
Recording the submission of the learned Additional Public Prosecutor that the respondents are taking steps to secure the accused, this Criminal Original Petition is closed, as nothing further survives for consideration in this matter. aeb s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar
To :
1.
The Superintendent of Police, Kancheepuram District.
2.
The District Social Welfare Officer, No.43, 2nd Street, Gandhi Nagar, Near IOB, Kancheepuram 631 502.
The Inspector of Police, E8, Kelambakkam Police Station, Kelambakkam 603 103 Kancheepuram District.
4.
The Public Prosecutor, High Court, Madras.
vs(co) prk18/12 Crl.O.P.No.29101 of 2015