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Madras High CourtHCP/1319/2016dismissed

M.Rupan v. The Superintendent Of Police

2016-07-13Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.7.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1319 of 2016 M.Rupan ..... Petitioner Vs

1. The Superintendent of Police, Vellore District.

2. The Inspector of Police, Umarabad Police Station, Vellore District.

3. R.Kothandapani ..... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents herein to produce the body of the detenue by name Ashwini aged about 20 years before this Court and set him at liberty.

For Petitioner :

Mr.Prabhu For R1 & R2 :

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

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner claims to be the husband of one K.Ashwini. Her date of birth is 16.8.1995. Thus, she is a major. According to the petitioner, Aswini has been found

missing from 08.06.2016 onwards. In this regard, the petitioner made a complaint to the police. Since she was not secured, the petitioner has filed a present Habeas Corpus Petition.

2. Today, when the matter was taken up, Ms.Ashwini was produced before this Court by the second respondent. The petitioner also made appearance.

3. We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 and 2.

4. When we enquired the detenue, she told that all along she was staying with her friend by name Lakshmi and now, she wants to go back to her parental home and to live with her father and mother. She would submit that she is a graduate in English Literature. She would further submit that on her own volition, now, she wants to stay with her parents and she does not want to go with the petitioner. The same is recorded.

5. In view of the above, no direction as prayed for could be given

6. Accordingly, the Habeas Corpus Petition is dismissed. kua (S.N.J.,) (V.B.D.J.,) 13.7.2016

To

1. The Superintendent of Police, Vellore District.

2. The Inspector of Police, Umarabad Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

S.NAGAMUTHU J., AND V.BHARATHIDASAN, J.

kua H.C.P.No.1319 of 2016 13.07.2016