Manjula v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE RMT. TEEKAA RAMAN Manjula W/o.Muniyan .. Petitioner Vs.

1.The District Superintendent of Police, District Superintendent of Police Office, Kallakurichi District.

2.The Inspector of Police, Edaikkal Police Station, Kallakurichi District.

3.Ajay Kumar S/o.Prakash .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the second respondent to produce the detenu M.Priyanka, aged about 17 years, before this Court from the custody of third respondent and hand over her custody to the petitioner.

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For Petitioner : Mr.Swami Subramanian For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor *****

O R D E R

[Made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the second respondent to produce the detenu M.Priyanka, aged about 17 years, before this Court from the custody of third respondent and hand over her custody to the petitioner.

2. On 13.09.2022, we passed the following order: "It is the case of the petitioner that her daughter Priyanka, aged about 17 years, went missing from 21.08.2022 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 Edaikkal Police Station Crime No.125 of 2022 has been registered for 'girl missing' on 22.08.2022 and during the course of investigation, it came to light that Priyanka was in love with Ajay Kumar, third respondent herein and has eloped with him.

3. Since Priyanka is a minor, this Court issues a direction to the Deputy Superintendent of Police, Ulundurpet Sub-Division, Kallakurichi District, to supervise the investigation in Crime No.125 2/4

of 2022 that is being conducted by the Inspector of Police, Edaikkal Police Station and keep the petitioner informed of the developments, if any. As and when the detenue viz., Priyanka, aged about 17 years, is secured, she shall be produced before the Judicial Magistrate Court No.I, Ulundurpet, Kallakurichi District, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to the custody in accordance with law. Post the matter on 11.10.2022."

3. On 11.10.2022, we passed the following order: "Today, Mr.A.Khader Sharieff, Special Sub-Inspector of Police, Eddaikal Police Station, [Mobile No.94981 53113], is present.

2. On instructions, learned Additional Public Prosecutor submitted that a special team has been formed to trace the detenue and the team has gone to Chandigarh in Punjab.

3. Post on 08.11.2022.

In the mean while, if the detenue is secured, the police is directed to comply with the direction issued by this Court vide order dated 13.09.2022."

Today, when the matter was taken up for hearing, learned Additional Public Prosecutor submitted that the detenu was secured on 15.10.2022 P.N.PRAKASH, J and RMT. TEEKAA RAMAN, J 3/4

gm and was produced before the learned Judicial Magistrate I, Ulundurpet and was later, handed over to her parents.

Recording the same, this Habeas Corpus Petition is closed. [PNP, J.] [TKR, J.] 08.11.2022 Index: Yes/No gm To 1.The District Superintendent of Police, District Superintendent of Police Office, Kallakurichi District.

2.The Inspector of Police, Edaikkal Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court, Madras.

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