Rajasekaran v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.No.1616 of 2021 Rajasekaran S/o.Shanmugam ... Petitioner Vs.
1.The Commissioner of Police, Coimbatore City, Coimbatore District.
2.The Inspector of Police, Rathinapuri Police Station, Coimbatore City, Coimbatore District.
... Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the respondents to produce his minor daughter, namely, R.Charumathi, aged 17 years, and set her at liberty. For Petitioner : Mr.S.Ganesh Kumar For Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor
O R D E R
[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the respondents to produce his minor daughter, namely, R.Charumathi, aged 17 years, and set her at liberty.
2. On 08.10.2021, we passed the following order: 'It is the case of the petitioner that his daughter R.Charumathi, aged about 17 years, went missing from 20.08.2021 and that the police are not taking effective steps to secure her.
2. On instructions, learned Additional Public Prosecutor submitted that earlier, the detenue Charumathi went missing from her father's house and on the complaint of her father, a case in Bommidi P.S.Crime No.147 of 2021 was registered on 08.06.2021 for 'girl missing'. The police secured Charumarthi on 09.06.2021, produced her before the Child Welfare Committee, Dharmapuri and in turn, she was handed over to her father. However, her father took Charumathi and dropped her in his father-in-law's house (maternal grandfather of Charumathi) in Coimbatore, from where, again she has gone missing on 20.08.2021. In this connection, on the complaint given by Palanisamy, the father-in-law of the petitioner, a case in Rathinapuri P.S.Crime No.728 of 2021 was registered for 'girl missing' and investigation is in progress.
3. In such view of the matter, this Court directs the Assistant Commissioner of Police, Coimbatore, to supervise the investigation in Rathinapuri P.S.Crime No.728 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue is secured, she shall be produced before the learned Judicial Magistrate II, Coimbatore, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders, with regard to custody, in accordance with law.
Post on 09.11.2021.'
3. Today, when the matter was taken up for hearing, learned counsel for the petitioner submitted that the detenue Charumathi was secured by the police and was produced before the learned Judicial Magistrate II, Coimbatore and thereafter, she was handed over to her parents.
Recording the same, this Habeas Corpus Petition is closed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR
gm To 1.The Commissioner of Police, Coimbatore City, Coimbatore District.
2.The Inspector of Police, Rathinapuri Police Station, Coimbatore City, Coimbatore District.
3.The Public Prosecutor High Court, Madras.
4.The Judicial Magistrate II, Coimbatore.
+1cc to Mr.S.Ganesh Kumar, Advocate Sr.64499 H.C.P.No.1616 of 2021 rgn[co] srg 21/12/2021