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Madras High CourtHCP/2518/2016closed

M.Shanthi, W/O.Manivannan v. Commissioner Of Police,

2017-03-27Honourable Dr Justice Anita Sumanth,Honourable Mr Justice S. Nagamuthu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2017

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE DR.JUSTICE ANITA SUMANTH H.C.P.No.2518 of 2016 M. Shanthi, ....Petitioner Vs

1. Commissioner of Police, Greater Chennai Corporation, No.132, Commissioner Office Building, E.V.K. Sampath Road, Vepery, Chennai - 600 007.

2. State rep. by its The Inspector of Police, T-13, Kundrathur Police Station, Chennai - 600 069

3. R.Vinoth

4. R.Uma

5. A.Sekar ....Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the 1st and 2nd respondents to produce the detenue Ms.M.Nandhini, aged 22 years, D/o Manivannan from the illegal custody of respondents 3 to 5 before this Court and set her at liberty. For Petitioner :

Mr.N.Somanathan For Respondents :

Mr.V.M.R.Rajentren, Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by S.NAGAMUTHU.J] The petitioner is the mother of one Ms.Nandhini, aged 22 years. Her date of birth is 24.01.1994. According to the petitioner, Ms.Nandhini, has been found missing from 15.11.2016 onwards. In this regard, on a complaint made by the petitioner, a case has been registered in Crime No.2263 of 2016, on the file of the second respondent. Since, the detenue was not secured so far by the second respondent, the petitioner is before this Court with this Habeas Corpus Petition.

2.Today, when the matter was taken up for hearing, neither the petitioner appeared nor was there any representation on behalf of the petitioner. The learned counsel on record for the petitioner also did not appear.

3.However, the second respondent produced the detenue before this Court. The detenue was identified by the second respondent. The detenue told us that, on her own volition, she married the third respondent herein on 15.11.2016 and from then onwards, she has been living happily with him, as his wife. According to her, there is no illegal detention at all. The said statement is recorded.

4.In view of the above, the Habeas Corpus petition is dismissed and the detenue is set at liberty.

-s/d- Assistant Registrar(CS-VIII) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, Greater Chennai Corporation, No.132, Commissioner Office Building, E.V.K. Sampath Road, Vepery, Chennai - 600 007.

2. The Inspector of Police, T-13, Kundrathur Police Station, Chennai - 600 069 H.C.P.No.2518 of 2016 sp/12/4 https://hcservices.ecourts.gov.in/hcservices/