Madras High CourtHCP/1523/2016dismissed

Thiru.S.Selvam, Aged 47 Years v. The Inspector Of Police

2016-08-18Honourable Mr Justice V. Bharathidasan,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 18-08-2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.1523 of 2016 Thiru S.Selvam ...

Petitioner /Father of the detenue -vs1.The Inspector of Police, Viruthampet Police Station, Vellore District.

2.Krishnamoorthy 3.Jayaseelan 4.Malliga 5.Kamal ...

Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus, directing the respondents 1 to 5 to produce the person and body of the petitioner's minor daughter S.Soniya, aged about 17 years, before this Hon'ble Court and hand over her custody to the petitioner.

For petitioner : Mr.E.Kannadasan For respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor.

O R D E R

(Order of the Court was made by S.Nagamuthu,J.) Petitioner is the father of one Ms.S.Soniya, aged 18 years. Her date of birth is 21.06.1998. Thus, she has completed 18 years of age. According to the petitioner, Ms.Soniya has been missing from 20.01.2016 onwards. In this regard, he also made a complaint to the police. Since the detenue was not rescued by the police, the petitioner has come out with this Habeas Corpus Petition.

2. Today, when this Habeas Corpus Petition was taken up for hearing, the detenue Ms.Soniya was produced by the first respondent. The petitioner and his wife also made https://hcservices.ecourts.gov.in/hcservices/

appearance. When we enquired the detenue, she told us that she married the second respondent Mr.Krishnamoorthy on 26.06.2016 on her own volition and, now, she is residing with him, as his wife. She has further stated that she was not detained by any of the respondents.

3. Having regard to the said statement of the detenue, we find that there is no illegal detention and, therefore, no relief, as prayed for, can be granted. Hence, this Habeas Corpus Petition is dismissed, leaving it open to the detenue to choose her own way of life.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dixit To

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

2. The Public Prosecutor High Court, Madras.

1 cc to Mr.E.Kannadasan, Advocate, sr.47519 1 cc to Mr.M.Rajinikanth, Advocate, sr.47454 H.C.P.No.1523 OF 2016 rv co kra 20.09.2016 https://hcservices.ecourts.gov.in/hcservices/