J.Vjaya v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.860 of 2016 J.Vjaya ... Petitioner Vs.

1.State rep. By The Commissioner of Police, Veppary, Chennai - 7.

2.The Inspector of Police, D2 Police Station, Anna Salai, Chennai.

3.Dinesh ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the second respondent to produce the body of the detenue Shoba Daughter of Mrs.Vijaya, now kidnapped and under the custody of the third respondent, namely Dinesh and set the detenue at liberty forthwith.

For Petitioner :

Mr.A.Lakshmi Narasiman For Respondents :

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

ORDER

[Order of the Court was made by M.JAICHANDREN, J.] This Habeas Corpus Petition has been filed by the petitioner, who is the mother of the detenue, praying that this Court may be pleased to direct the second respondent to produce her daughter, by name Ms.Shoba, before this Court and set her at liberty.

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2.It has been stated by the petitioner that the third respondent had abducted the detenue, on 04.04.2016, and is keeping her in illegal custody. Therefore, the petitioner had lodged a complaint, before the first respondent, on 05.04.2016. Since, no effective steps had been taken by the first respondent, the petitioner is before this Court, with this Habeas Corpus Petition.

3.The learned Additional Public Prosecutor appearing on behalf of the respondents 1 & 2, had submitted, on instructions, that during the enquiry by the second respondent, the detenue had given a written letter, dated 06.04.2016 stating that she had gone away with the third respondent, on her own volition. A copy of the said letter has been placed before this Court. 4.In such circumstances, we do not find any reason to grant the relief as prayed for by the petitioner, in this Habeas Corpus Petition. Hence, the Habeas Corpus Petition stands closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jbm To 1.The Commissioner of Police, Veppary, Chennai - 7.

2.The Inspector of Police, D2 Police Station, Anna Salai, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Lakshmi Narasiman, Advocate, S.R.No.26244 H.C.P.No.860 of 2016 AK(CO) CA(27/05/2016) https://hcservices.ecourts.gov.in/hcservices/