Vediapppan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.03.2016

CORAM

THE HONOURABLE MR. JUSTICE M.JAICHANDREN AND THE HONOURABLE MR. JUSTICE S.NAGAMUTHU HCP No.344/2016 Vediappan ..

Petitioner Vs 1.The Superintendent of Police Dharmapuri, Dharmapuri District.

2.The Inspector of Police Bomiddi Police Station Dharmapuri District.

3.Magalingam ..

Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of Habeas Corpus directing the respondents herein to produce the body and person of the detenu by name Gomathi, aged about 21 years, before this Court and hand over her custody to the petitioner, now detained under the illegal custody of the 3rd respondent herein.

For Petitioner :

Mr.M.Jayachandran For R1 & R2 :

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

ORDER

[Judgment of the court was delivered by M.JAICHANDREN, J.,] This Habeas Corpus Petition, has been filed by the petitioner/husband of the detenue, praying that this Court, may be pleased to direct the respondents 1 and 2 to produce his wife Gomathi, aged about 21 years, who is said to be in the illegal custody of the 3rd respondent herein, before this Court and to hand over her custody to him.

At this stage of the hearing of the Habeas Corpus Petition, the learned Additional Public Prosecutor, appearing on behalf of the respondents 1 and 2, had placed before this Court, an order passed by the learned Judicial Magistrate, Pappireddipatti, dated 04.03.2016, in Crime No.259/2015, which reads as follows:- "Missing girl surrendered before this Court on 04.03.2016 at 10.30 a.m. On the perusal of records, this Court has came to know that the girl is aged about 21 years. The missing girl have stated that she went to her paternal father's house at Nallampalli. The statements of the missing girl, namely, Gomathi, in her statement, have stated that she was not kidnapped by anybody and stated that due to the harassment caused by husband she left out the matrimonial house.

She has stated that she joined in the Working Women's Hostel, Dharmapuri and she wants to continue her study by staying there. The missing girl, namely, Gomathi, have stated that she didn't want to go along with her parents. Since the missing girl is a major, she is set at liberty and permitted to reside in the Working Women's Hostel, Dharmapuri. The girl is advised to inform any change of address of her in future to the Bommidi Police. Also directed to appear for investigation. The original Identity Card, the original mark sheets and copy of Transfer Certificate perused and copy enclosed with the requisition."

In view of the said order, passed by the learned Judicial Magistrate, Pappireddipatti, we are of the considered view that no further orders are necessary in this petition. Accordingly, the Habeas Corpus Petition stands dismissed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar AP To 1.The Superintendent of Police Dharmapuri, Dharmapuri District.

2.The Inspector of Police Bomiddi Police Station Dharmapuri District.

3.The Public Prosecutor, High Court, Chennai.

HCP.No.344/2016 RSY (CO) kk 22/4