Madras High CourtHCP/2494/2020closed

B.Vadamalai v. The Superintendent Of Police,

2021-01-05Honourable Mr Justice P. N. Prakash,Honourable Mr Justice V.Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM H.C.P. No. 2494 of 2020 B.Vadamalai .. Petitioner Vs.

1.The Superintendent of Police, Villupuram District, Villupuram.

2.The State Rep. by The Inspector of Police, Vikravandi Police Station, Villupuram District.

3.Ajith .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the first respondent to produce the body of petitioner's daughter Gajalakshmi, aged about 13 years, before this Court from the illegal custody of the third respondent and handover her to the custody of the petitioner.

For Petitioner ..

Mr.M.Vengatesan For Respondents ..

Mr.R.Prathap Kumar, Addl. Public Prosecutor for R1 and R2 No appearance for R3

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] Seeking a direction to the first respondent to produce the body of petitioner's daughter Gajalakshmi, aged about 13 years, before this Court from the illegal custody of the third respondent and to handover her to the custody of the petitioner, the present habeas corpus petition has been filed.

2. It is the case of the petitioner that his minor daughter https://hcservices.ecourts.gov.in/hcservices/

'x' was illegally taken away by the third respondent and that the police have not taken effective steps to secure her.

3. Today, Mr.S.Raja, HC-1718, Vikravandi PS is present before this Court. On instructions, Mr.R.Prathap Kumar, learned Additional Public Prosecutor submitted that on a complaint given by Muthulakshmi, wife of the petitioner, the police registered a case in Crime No.2460 of 2020 for girl missing and thereafter, altered the case to one under Section 366 IPC on 02.12.2020.

4. The police arrested the third respondent and produced him along with 'x' before the Judicial Magistrate I, Vikravandi. 'x' now has been handed over to her parents and Ajith/accused has been remanded to the judicial custody.

5. In view of the above, the habeas corpus petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssm To 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Vikravandi Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

H.C.P. No. 2494 of 2020 SR II(CO) GN(09/02/2021) https://hcservices.ecourts.gov.in/hcservices/