Lalitha v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.No.1821 of 2021 Lalitha W/o.Elavarasan ..Petitioner Vs.
1.State represented by The Inspector of Police, Nallur Police Station, Namakkal District.
2.Mani C/o.Devi ..Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus directing the first respondent to produce the petitioner's minor daughter, namely, Gokul Priya d/o.Elavarasan, aged about 16 years, before this Court by securing her from the second respondent and hand over her custody to the petitioner. For Petitioner :
Ms.S.Rithika for Mr.M.Vijaya Ragavan For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor [R1]
O R D E R
[Order of the Court was made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the first respondent to produce the petitioner's minor daughter, namely, Gokul Priya d/o.Elavarasan, aged about 16 years, before this Court by securing her from the second respondent and hand over her custody to the petitioner.
2. On 15.11.2021, we passed the following order: 'It is the case of the petitioner that her daughter Gokul Priya, aged about 16 years, went missing from 14.07.2021 and that the police are not taking effective steps to secure her.
2. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Nallur Police Station Crime No.290 of 2021 was registered on 16.07.2021 for 'girl missing' and during the course of investigation, it came to light that the detenue Gokul Priya was in love with Mani, second respondent herein and has eloped with him.
3. In such view of the matter, this Court issues a direction to the Deputy Superintendent of Police, Paramathivellore Sub-Division, to supervise the investigation in Nallur Police Station Crime No.290 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Gokul Priya, aged about 16 years, is secured, she shall be produced before the Judicial Magistrate Court, Paramathivellore, Namakkal District, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.
Post the matter on 13.12.2021.'
3. Today, Mr.K.Gunasekaran, Special Sub-Inspector of Police, Nallur Police Station, is present.
4. Today, when the matter was taken up for hearing, on instructions, the learned counsel for the petitioner and the learned Additional Public Prosecutor submitted that the detenue Gokul Priya was secured by the police on 11.12.2021 and was produced before the learned Judicial Magistrate, Paramathivellore, on 12.12.2021.
Recording the same, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar
Gm To 1.The Inspector of Police, Nallur Police Station, Namakkal District.
2.The Public Prosecutor High Court, Madras.
3.The Judicial Magistrate, Paramathi, Vellore District.
H.C.P.No.1821 of 2021 SPD (CO) PR (22/12/2021)