A.Pushpanathan v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R. HEMALATHA H.C.P.No.1488 of 2021 A. Pushpanathan .. Petitioner Vs.

1. The Superintendent of Police, Cuddalore District, Tamilnadu.

2. The Inspector of Police Mangalampet Police Station, Cuddalore District.

3. Periyasami .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent to secure and produce the petitioner's minor daughter namely P.Sasi aged 16 years from illegal custody of 3rd respondent before this Hon'ble Court and hand over to the petitioner. For Petitioner : Mr.S. Sarath Chandran For RR 1 and 2 : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the the 2nd respondent to secure and produce the petitioner's minor daughter namely P.Sasi, aged 16 years, from illegal custody of 3rd respondent before this Hon'ble Court and hand over to the petitioner.

2. On 23.09.2021, we passed the following order: "It is the case of the petitioner that his daughter Sasi, aged about 16 years, went missing from 09.09.2021 and that the police are not taking effective steps to secure her.

2. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Mangalampet Police Station Crime No.341 of 2021 was registered on 10.09.2021 under Section 366-A IPC against one Periyasamy, third respondent herein and investigation is in progress.

3. In such view of the matter, this Court issues a direction to the Deputy Superintendent of Police, Vridhachalam, to supervise the investigation in Mangalampet Police Station Crime No.341 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Sasi,aged about 16 years, is secured, she shall be produced before the Judicial Magistrate Court No.II, Vridhachalam, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

Post the matter on 21.10.2021."

3. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the detenue P.Sasi was secured by the police on 28.09.2021 and was produced before the learned Judicial Magistrate No.II, Vridhachalam and thereafter, was handed over to her parents.

4. The learned counsel for the petitioner also conceded to the position.

Recording the same, this Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar bga

To 1.The Judicial Magistrate No.II, Vridhachalam.

2.The Superintendent of Police, Cuddalore District, Tamilnadu.

3.The Deputy Superintendent of Police, Vridhachalam.

4.The Inspector of Police Mangalampet Police Station, Cuddalore District.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.1488 of 2021 PCH(CO) CB(29/11/2021)