V.Lakshmi v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.03.2016

CORAM

THE HONOURABLE MR. JUSTICE M. JAICHANDREN AND THE HONOURABLE MR. JUSTICE S. NAGAMUTHU HCP No.316/2016 V.Lakshmi .. Petitioner

Versus

1.The Superintendent of Police Salem District.

2.The Inspector of Police Idappadi Police Station, Idappadi.

..Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Habeas Corpus directing the respondents to produce the body of the detenue minor V.Monisha, aged 16 years, before this Court and hand over her custody to the petitioner.

For Appellant :

Mr.A.R.Suresh For R1 & R2 :

Mr.V.M.R.Rajentran Additional Public Prosecutor

ORDER

[Order of the Court was made by M.JAICHANDREN, J.,] This petition has been filed by the mother of the detenue, Monisha, praying that this Court may be pleased to direct the respondents to produce her minor daughter, aged about 16 years, before this Court and to hand over her custody to the petitioner.

The petitioner has stated that her second daughter, the detenue herein, had been working in a Spinning Mill, namely, Cheran Spinning Mills, at Veppadai Village, Thiruchengode Taluk, Namakkal District. On 11.11.2015, she did not return home. Therefore, the petitioner had lodged a complaint before the 2nd respondent on 22.11.2015. The said complaint had been registered in Crime No.517/2015, as "Girl https://hcservices.ecourts.gov.in/hcservices/

Missing". However, as no effective steps have been taken, by the 2nd respondent, the petitioner has preferred the present Habeas Corpus Petition, before this Court.

Today, when the matter had been listed for hearing, the 2nd respondent police had produced the detenue, Monisha, before this Court. Her mother, the petitioner herein, is also present. On enquiry, the detenue had stated that she had gone away from home as her parents were attempting to arrange for her marriage, even though she is a minor. However, she has stated that she would like to go along with her parents and live with them. The said statements of the detenue are recorded. In view of the above submissions made by the detenue, we are permitting her to go along with her mother, the petitioner herein. The Habeas Corpus Petition stands closed, as no further orders are necessary.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar AP To 1.The Superintendent of Police Salem District.

2.The Inspector of Police Idappadi Police Station, Idappadi.

3.The Public Prosecutor High Court, Chennai.

HCP No.316/2016 SV(CO) Eu 18.4.16 https://hcservices.ecourts.gov.in/hcservices/