Anusuya v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MRS. JUSTICE R.HEMALATHA H.C.P.No.1737 of 2021 Anusuya W/o.Senthil Kumar .. Petitioner Vs.
1. The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.
2. The Inspector of Police, Vaiteeswaran Koil Police Station, Mayiladuthurai District.
3. Vincent S/o.Selvam .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing respondents 1 and 2 to produce the petitioner's minor daughter Lakshmi, aged about 15 years, who is kept in illegal custody by the third respondent before this Court and hand over to the petitioner.
For Petitioner : Mr.U.Kathiravan For Respondents: Mr.R.Muniyapparaj Additional Public Prosecutor [R1 & R2]
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 1 and 2 to produce the petitioner's minor daughter
Lakshmi, aged about 15 years, who is in the illegal custody of the third respondent, before this Court and hand over to the petitioner.
2. On 01.11.2021, we passed the following order: 'It is the case of the petitioner that her daughter Lakshmi, aged about 15 years, went msising from 25.09.2021 and thereafter, her whereaboutsare not known and it is the grievance of the petitioner that the police are not taking effective steps to secure her.
2. Today D.Ganesan, Special Sub-Inspector of Police, Vaitheeswarankoil Police Station, Mayiladuthurai District, is present.
3. On instructions, the Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Vaitheeswarankoil Police Station Crime No.620 of 2021 was registered on 26.09.2021 for 'girl missing' and investigation is in progress.
4. In such view of the matter, we direct the Deputy Superintendent of Police, Sirkali Sub-Division, to supervise the investigation in Vaitheeswarankoil Police Station Crime No.620 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Lakshmi, aged about 15 years, is secured, she shall be produced before the Judicial Magistrate Court No.II, Sirkali, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.
Post the matter on 29.11.2021.'
3. When the matter was taken up for hearing, learned Additional Public Prosecutor submits that the detenue Lakshmi was secured by the police on 18.11.2021 and she was produced before the Special Court for POCSO, Nagapattinam.
4. Learned counsel for the petitioner also conceded the aforesaid submission.
In the aforestated circumstances, this Court is of the view
that nothing survives for further adjudication in the present petition. Accordingly, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar gm To
1. The Special Court for POCSO, Nagapattinam.
2. The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.
3. The Inspector of Police, Vaiteeswaran Koil Police Station, Mayiladuthurai District.
4. The Public Prosecutor, High Court, Madras.
H.C.P.No.1737 of 2021 SJ(CO) SU(07/12/2021)