D.Rajamani v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.BASKARAN H.C.P.No.2421 of 2016 D.Raja Mani

...Petitioner

Vs.

1.The Superintendent of Police Tiruvannamalai District Tiruvannamalai.

2.The Inspector of Police Arni Taluk Police Station Tiruvannamalai District.

3.R.Manikandan 4.Babu ..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 corpus of the detenue, namely, minor Chitra, Daughter of Maruthamalai, aged about 17 years, before this Court and to set her at liberty.

For Petitioner : M/s.R. Baskaradoss For Respondents Nos.1 & 2 : Mr.V.M.R.Rajentren, Additional Public Prosecutor For Respondents Nos.3 & 4 : No appearance

ORDER

[Order of the Court was made by S. BASKARAN, J.] The petitioner, who is the uncle of the detenue, has come forward with this petition seeking a direction to the respondents to produce the detenue, namely, minor Chitra, who is missing from 30.10.2016.

2. The petitioner has stated that a complaint was lodged on 2.11.2016 by the mother of the detenue. Again, the petitioner had lodged a complaint through online, on 5.11.2016. As no effective steps had been taken to secure the detenue, he has come forward with this petition.

3. Today, when the matter was taken up for hearing, the minor detenue was produced by the second respondent police. The petitioner and his counsel, as well as the parents of the detenue are also present.

4. Admittedly, the detenue is a minor, as her date of birth, in the transfer certificate, is shown as 19.4.1999.

5. On enquiry, she has stated that she had gone away from her house on her own due to some misunderstanding and stayed at Tiruppur. Now the detenue has expressed her desire to along with her parents, namely, Valliammal and Maruthamalai, who are her mother and father respectively. The parents of the detenue had also agreed to take their daughter along with them.

6. In such circumstances, the detenue, namely, minor Chitra, is permitted to go along with her parents, namely, Valliammal and Maruthamalai, who are her mother and father respectively. Hence, no further orders are necessary in this Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rnb To 1.The Superintendent of Police Tiruvannamalai District Tiruvannamalai.

2.The Inspector of Police Arni Taluk Police Station Tiruvannamalai District.

3.The Public Prosecutor High Court, Madras.

+1cc to Mr.R.Baskaradoss, Advocate Sr.69572 H.C.P.No.2421 of 2016 rsy[co] srg 22/12/2016