P.Valli, Aged 42 Years, v. State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.2470 of 2016 P. Valli

...Petitioner

Vs.

1.State represented by the Superintendent of Police Cuddalore District Cuddalore.

2.The State represented by Inspector of Police All Women Police Station Sethiyathoppu Cuddalore District.

..Respondents Prayer: Petition is filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents to produce the petitioner's daughter, namely, P.Priyadarshini, aged about 22 years, before this Court and to set her at liberty. For Petitioner : M/s.S.Ambigapathi For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor

ORDER

[Order of the Court was made by S. BASKARAN, J] The petitioner has come forward with this petition seeking a direction to produce the petitioner's daughter, namely, P. Priyadarshini, before this Court and to set her at liberty.

2. According to the petitioner, her daughter, namely, P.Priyadarshini, aged about 22 years, had gone missing from 3.11.2016. She had immediately lodged a complaint before the second respondent and C.S.R.No.236 of 2016 has been given.

3. According to the petitioner, her daughter was kidnapped by one Kavidoss, Son of Kabilan, and is keeping her in his custody illegally. Since no effective steps had been taken by the second respondent police, she gave another complaint before the first respondent. As no effective steps had been taken by the respondents, the petitioner has come forward with this petition.

4. When the matter was taken up for hearing, the learned counsel appearing for the petitioner had reiterated the averments made in the affidavit filed in support of the petition.

However, the learned Additional Public Prosecutor has stated that the detenue has got married the said Kavidoss on 26.9.2016 and both them appeared before the second respondent and gave statements to that effect. The learned Additional Public Prosecutor had also produced the xerox copies of the marriage invitation as well as the marriage registration certificate.

5. It is clear from the above that the marriage had been solemnised between the detenue and the said Kavidoss. To show the age of the detenue, the learned Additional Public Prosecutor has produced the Election Identity Card, wherein, the age of the detenue is shown as 10.5.1994 and therefore, the detenue is a major.

6. It has also been pointed out by the learned Additional Public Prosecutor that earlier a complaint was lodged by the petitioner and after an enquiry, the matter was closed. Again, the petitioner had lodged the complaints in respect of the same incident before the respondents.

7. It is apparent from the materials placed before this Court that the detenue, who is a major, had married the said Kavidoss and the same has been substantiated by producing the copies of the Registration Certificate as well as the marriage invitation.

8. In such circumstances, nothing survives in this petition and there is no need to entertain the petition as the detenu had married the said Kavidhoos and they are living together happily.

In view of the above, no further orders are necessary in this petition. Hence, the Habeas Corpus Petition stands dismissed.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR To 1.The Superintendent of Police Cuddalore District Cuddalore.

2.The State represented by Inspector of Police All Women Police Station Sethiyathoppu Cuddalore District.

3.The Public Prosecutor High Court, Madras.

+1 cc to M/S.S.Ambigapathi, Advocate SR.NO. 67285 H.C.P.No.2470 of 2016 MMP 04.01.2017