R.Murugesan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.6.2016

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1195/2016 R. Murugesan .. Petitioner Vs

1. The Inspector of Police, Kalavai Police Station, Kalavai, Vellore District.

2. Vimal Raj .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to to produce the Petitioners daughter viz. NIVEDHA PRIYA 21 years who under the illegal custody of the 2nd Respondent herein before this Honble Court and handover the Petitioner's daughter to the Petitioner. For Petitioner :

Mr.Y.Deva Arul Prakash For R1 :

Mr.V.M.R.Rajentren, Additional Public Prosecutor

ORDER

[Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the father of one Nivedha Priya aged 21 years. On the allegation that she has been found missing from 17.3.2016 onwards, the petitioner has come up with the present Habeas Corpus Petition.

2. When the matter came up for admission today, the learned Additional Public Prosecutor submitted that on an earlier occasion that is on 05.1.2016, prior to the present occurrence, the detenue eloped with the second respondent. On a complaint made by the petitioner, she was secured and handed over to the petitioner. Again, now she has eloped with the second respondent.

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3. The said statement is recorded. From the conduct of the detenue, it is inferable that it is not a case of abduction, but it is only a case of elopement and obviously, there is no illegal detention. Therefore, no relief as prayed for could be granted. Hence, the petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Kalavai Police Station, Kalavai, Vellore District.

2.The Public Prosecutor, High Court, Madras.

H.C.P.No.1195/2016 rsi[co] srg 29/06/2016 https://hcservices.ecourts.gov.in/hcservices/