Devakirupai v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2022 Coram The Hon'ble Mr. Justice S.VAIDYANATHAN The Hon'ble Mr. Justice A.D.JAGADISH CHANDIRA H.C.P. No. 1228 of 2022 Devakirupai .. Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Erode - Post & District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Gobichettipalayam Post, 3.The Inspector of Police, Nambiyur Police Station, Nambiyur - Post, .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the respondents to secure and

produce the petitioner's minor daughter namely Ms.Jeya, aged 17 years, daughter of Devakirupai before this Honble Court and hand over to the petitioner.

For Petitioner :

Mr.D.Veerasekaran For Respondents :

Mr.M.Babu Muthumeeran Addl. Public Prosecutor

ORDER

S.VAIDYANATHAN, J., A.D.JAGADISH CHANDIRA, J., This Habeas Corpus Petition has been filed by the father seeking production his minor daughter Jeya, aged 17 years, before this Court.

2. The case of the petitioner is that subsequent to the death of his first wife on 04.11.2014, he had married one Jothi and a female child, the alleged detenue, was born on 08.05.2005. On 23.05.2022, the petitioner and his wife left the alleged detenue at home and went away. When they returned home, the alleged detenue was found missing and hence the petitioner had given a complaint to the second respondent police in respect of which a case in Cr. No.133 of 2022 under the caption "Girl missing". Since no action was taken

by the respondent police, the petitioner has filed the present petition.

3. When the matter is taken up today, the learned Additional Public Prosecutor appearing for the respondent police would submit that based on the complaint given by the petitioner, a case in Cr. No.133 of 2022 was registered under the caption "Girl mising". He would further submit that during the course of investigation, it came to light that the victim girl was kidnapped and married by Bharathiraja who is a married man. He would submit that based on the information, the case was altered to Section 366 IPC, and Section 5 (i) and 6 of POCSO Act and Section 9 of the Child Marriage Restraiant Act. Thereafter, the alleged detenue, Jeya, daugther of the petitioner was secured on 31.07.2022 the accused was arrested and remanded to judicial custody.

He would submit that the alleged detenue had been subjected to medical examination and her statements were also recorded. Since the detenue refused to go along with her father, the petitioner herein, she was kept in a 'Home'. Subsequently, the detenue, Jeya, daughter of the petitioner had expressed her willingness to go along with her father and thereby, the custody of the detenue has been handed over to the petitioner.

4. Mr.D.Veerasekaran, the learned counsel for the petitioner would submit that the detenue Jeya, aged 17 years, daughter of the petitioner has been produced to the petitioner and nothing survives for further adjudication in this case.

5. Recording the above submissions the Habeas Corpus Petition stands closed.

(S.V.N.,J.) (A.D.J.C.,J.) 03.08.2022 Index: Yes/No bkn To:

1.The Superintendent of Police, Office of the Superintendent of Police, Erode - Post & District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Gobichettipalayam Post,

3.The Inspector of Police, Nambiyur Police Station, Nambiyur - Post, 4.The Public Prosecutor, High Court, Madras.

S.VAIDYANATHAN, J., A.D.JAGADISH CHANDIRA, J., bkn H.C.P. No. 1228 of 2022 03.08.2022