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Madras High CourtHCP/1479/2016dismissed

Santha v. The Inspector Of Police

2016-07-21Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.7.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1479 of 2016 Santha ... Petitioner/Mother of detenue Vs

1. The Inspector of Police, Auroville Police Station, Villupuram District.

2. Anandh ... Respondents/Complainants Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the 1st respondent to produce the body of the petitioner's daughter viz., Rajeshwari, aged about 19 years, before this Court and set her at liberty.

For Petitioner :

Mr.R.SureshKumar For Respondents :

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

ORDER

(Order of the Court was made by V.BHARATHIDASAN, J.) The petitioner is the mother of one Rajeshwari, aged about 19 years. According to the petitioner, she was already married to one Malayalathan on 08.05.2016. Subsequently, she has been found missing from 06.07.2016. Suspecting that the 2nd respondent has abducted her, the petitioner made a complaint to the first respondent upon which a case has been registered for 'girl missing' in Cr.No.481 of 2016. Despite that, the respondent police has not taken any steps to secure the detenu. Hence, the petitioner has come up with this Habeas Corpus Petition.

2. We have heard the learned counsel for the petitioner and https://hcservices.ecourts.gov.in/hcservices/

the learned Additional Public Prosecutor appearing for the first respondent.

3. The learned Additional Public Prosecutor would submit that the detenue has eloped with the second respondent and she is living with him.

4. Therefore, no relief as prayed for could be granted as there is no illegal detention. Hence, the petition is dismissed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kua To 1.The Inspector of Police, Auroville Police Station, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.R.Sureshkumar, Advocate, sr.41233 H.C.P.No.1479 of 2016 gj ii co kra 08.08.2016 https://hcservices.ecourts.gov.in/hcservices/