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Madras High CourtHCP/2319/2016closed

K.Gunasekaran, Aged 47 Years, v. The Superintendent Of Police

2016-11-15Honourable Mr Justice S. Baskaran,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.2319 of 2016 K. Gunasekaran

...Petitioner

Vs.

1.The Superintendent of Police Krishnagiri, Krishnagiri District.

2.The Inspector of Police Kallavi Police Station Kallavi, Krishnagiri District.

3.M.Niranjan ..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the first respondents 1 and 2 to produce the petitioner's daughter, namely, Isaiarasi, aged about 18 years, before this Court. For Petitioner : M/s.K. Thiruvengadam For Respondents 1 & 2 : Mr.V.M.R.Rajentren, Additional Public Prosecutor For Respondent No.3 : Mr.R.Sankarasubbu for Mr.S.Rajanikanth - - - -

ORDER

[Order of the Court was made by S. BASKARAN, J] This petitioner has come forward with this petition seeking a direction to the respondents 1 and 2 to produce his daughter, namely, Isaiarasi, who has been missing from 3.10.2016. The petitioner had lodged a complaint before the second respondent and a case was registered in Cr.No.235 of 2016 on the file of https://hcservices.ecourts.gov.in/hcservices/

the second respondent police, on 6.10.2016, against the third respondent.

2. According to the petitioner, the third respondent and his daughter were missing from 3.10.2016.

3. Today, when the matter was taken up for hearing, the detenue was present before this Court along with the third respondent.

4. On enquiry, the detenue has stated that she is living with the third respondent and she has expressed her willingness to go along with him. She has also produced the S.S.L.C. Certificate in original and the Aadhar Card, which reveal her date of birth as 5.6.1998. So, it is clear that she is a major, as on date.

5. In such circumstances, we are of the view that since the detenue is a major and she had expressed her desire to go along with the third respondent, with whom, she claims to be living, the detenue Isaiarasi is permitted to go along with the third respondent, as per her wish and therefore, no further orders are necessary in this petition. Hence, the petition stands closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar rnb To 1.The Superintendent of Police Krishnagiri, Krishnagiri District.

2.The Inspector of Police Kallavi Police Station Kallavi, Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.S.Rajinikanth Advocate sr 66402 +1 cc to M/s.K.Thiruvengadam Advocate sr 65777 H.C.P.No.2319 of 2016 aa19/12/2016 https://hcservices.ecourts.gov.in/hcservices/