P.Vasantha v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2016

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.958 of 2016 P.Vasantha ... Petitioner/Mother of the Detenue Vs

1. The Superintendent of Police, Office of the Superintendent of the Police,

2. The Inspector of Police, T.Pazhur Police Station, Jeyangondam, Udayarpalayam Taluk.

3. M.Mohan

4. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Jeyangondam, ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents 1, 2 and 4 to produce the detenu Ms.Jayalakshmi, D/o.late Purampayam from the custody of the 3rd respondent and set her at liberty.

For Petitioner :

Mr.T.Nirmaleswar For Respondents :

Mr.V.M.R.Rajentren, 1, 2 and 4 Additional Public Prosecutor

ORDER

[Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the mother of one Jayalakshmi, aged about 17 years. Earlier on 26.11.2015, she was found missing. On a complaint made by the petitioner, she was secured and produced before the learned Judicial Magistrate, Jayamkondam. She made a statement that she was willing to go along with her mother. She also stated that she was not kidnapped by anybody. Based on the said statement, the girl was taken into the custody by the petitioner. Now, it is alleged that again, after having written the +2 examinations, the detenue had gone missing from 01.04.2016 onwards. In this regard, the mother of the detenue made a complaint to the 2nd respondent police. Since no action has been taken so far, the petitioner has filed this Habeas Corpus Petition.

2.

The learned Additional Public Prosecutor would submit that on the complaint by the petitioner in respect of missing of the detenue, a case has been now registered in Crime No.130 of 2016 and the same is under investigation.

3.

Since it appears to be a repeated case of elopement and the investigation is also in progress, we are not inclined to grant any relief as prayed for by the petitioner except issuing a direction to the respondent police to further investigate the matter expeditiously and trace out the detenue. If the girl is not traced as directed above, the petitioner is at liberty to approach this Court again.

4.

With the above observation, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar tsi To

1. The Superintendent of Police, Office of the Superintendent of Police,

2. The Inspector of Police, T.Pazhur Police Station, Jeyangondam, Udayarpalayam Taluk.

3. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Jeyangondam,

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.Nirmaleswar, Advocate, S.R.No.30042 H.C.P.No.958 of 2016 NRJK(CO) CA(14/06/2016)