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Madras High CourtHCP/1219/2021closed

G.Vijayalakshmi v. State By

2021-08-11Honourable Mr Justice P. N. Prakash,Honourable Ms Justice R.N.Manjula2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Ms. Justice R.N.MANJULA H.C.P.No.1219 of 2021 1.G.Vijayalakshmi 2.Anand J .. Petitioners Vs.

The Inspector of Police, E-5, Sholavaram Police Station, Thiruvallur - 600 067.

.. Respondent Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondent to secure and to produce daughter (Divya), granddaughter (Sadana), aged about 12 years, who is minor and grandson (Sivakarthikeyan), aged about 7 years, who is minor and set them at liberty and produce them before this Court. For Petitioners : Mr.M.J.Nissar Ahmed For Respondent : Mr.R.Muniyapparaj Govt.Advocate(Crl.Side)

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondent to secure the first petitioner's daughter Divya, aged about 31 years, granddaughter Sadana, aged about 12 years and grandson Sivakarthikeyan, aged about 7 years and produce them before this Court and set them at liberty. https://hcservices.ecourts.gov.in/hcservices/

2.

It is the case of the first petitioner that her daughter Divya got married to Anand, second petitioner herein and was blessed with two children viz., Sadana, aged about 12 years and Sivakarthikeyan, aged about 7 years. It is the grievance of both the petitioners that Divya and her two children went missing from 07.07.2021. It is the further case of the petitioners that Divya was having an affair with one Manickavasagam.

3.

In this regard, on a complaint given by the first petitioner, a case in Sholavaram Police Station Crime No.1121 of 2021 was registered on 08.07.2021 for 'woman, girl and boy missing' and during the course of investigation, Divya appeared before the police on 13.07.2021 and gave a statement that she has gone out of the wedlock on her own volition and she is living with the said Manickavasagam.

In such view of the matter, this habeas corpus petition stands closed with a direction to the respondent/police to produce Divya before the Judicial Magistrate Court No.I, Ponneri, under intimation to the petitioner in Sholavaram Police Station Crime No.1121 of 2021 when ever she is secured. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law. Sd/- Assistant Registrar(CS-VI) // True Copy// Sub Assistant Registrar nsd To

1. The Judicial Magistrate No.I, Ponneri.

2. The Inspector of Police, E-5, Sholavaram Police Station, Thiruvallur - 600 067.

3. The Public Prosecutor, High Court, Madras.

H.C.P.No.1219 of 2021 AK(CO) SU(01/09/2021) https://hcservices.ecourts.gov.in/hcservices/