Sayed Navab v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2016

CORAM

THE HONOURABLE MR. JUSTICE M. JAICHANDREN AND THE HONOURABLE MR. JUSTICE S. NAGAMUTHU H.C.P. No. 572 of 2016 Sayed Navab ... Petitioner Vs.

1.State rep. by The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Thiyagadurugam Police Station, Villupuram District.

3.Mohamed Musthaba ... Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Habeas Corpus directing the 2nd respondent to produce the body of the petitioner's daughter, namely, Parveen, Daughter of Sayed Navab, aged about 23 years before this Hon'ble Court and set her at liberty. For Petitioner :

Mr.R. Jayaprakash For Respondents :

Mr.V.M.R. Rajentren, Additional Public Prosecutor

O R D E R

(Order of the Court was made by M. JAICHANDREN,J.) This Habeas Corpus Petition has been filed by the father of the detenue praying that this Court may be pleased to direct the 2nd respondent to produce the body of his daughter, namely, Parveen, aged about 23 years before this Hon'ble Court and set her at liberty.

2.

The petitioner had stated that his elder daughter, namely, Shazia @ Barkath Begum, is married to the 3rd respondent https://hcservices.ecourts.gov.in/hcservices/

herein. The said marriage, had taken place, on 10.04.2011. Out of the said wedlock, they have two children. However, due to certain disputes, his elder daughter, namely, Shazia @ Barkath Begum, had left her matrimonial home and at present, she is residing with the petitioner. While so, the 3rd respondent had abducted the detenue, on 20.02.2016. Therefore, the petitioner had lodged a complaint with the 2nd respondent, on 14.03.2016. However, as no effective steps had been taken, by the 2nd respondent, the petitioner has preferred the present Habeas Corpus Petition before this Court.

3.

Today, when the matter had been listed for hearing, the detenue had appeared before this Court and she had stated that she had been residing with her relatives, at Ambur, near Tindivanam, on her own volition. The allegation made by the petitioner that the 3rd respondent had abducted her is not true. She has further stated that she would like to live along with her relatives, at Ambur.

4.

In such circumstances, we are of the considered view that no further orders are necessary in the present Habeas Corpus Petition. Hence, the Habeas Corpus Petition stands closed. The detenue is at liberty to live with her relatives, at Ambur, as per her wish.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nv To 1.

The Superintendent of Police, Villupuram District, Villupuram.

2.

The Inspector of Police, Thiyagadurugam Police Station, Villupuram District.

3.

The Additional Public Prosecutor, High Court, Madras.

H.C.P. No. 572 of 2016 GJ II(CO) CA(26/04/2016) https://hcservices.ecourts.gov.in/hcservices/