B.Shanthi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2019

CORAM:

The Honourable Mr. Justice M.M.SUNDRESH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Habeas Corpus Petition No.1956 of 2019 B.Shanthi ... Petitioner vs.

1.

The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2.

The Inspector of Police, Tirumangalam Police Station, Tirumangalam, Chennai 600 040.

3.

Krishnamurthy ... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, to produce the body and person of the Petitioner's minor daughter Sharmila Devi, aged about 14 years, before this Court from the illegal custody of the 3rd Respondent and hand over the minor daughter to the Petitioner.

For Petitioner : Mr.K.A.Mariappan For Respondents 1 & 2 : Mr.R.Prathap Kumar, Additional Public Prosecutor

O R D E R

[Order of the court was made by M.M.SUNDRESH,J.] The Petitioner, who is the mother of the detenue, has come up with this Petition, seeking production of her minor daughter, aged 14 years, from the illegal custody of the 3rd Respondent, who is none other than her brother-in-law.

2.

Learned Additional Public Prosecutor, on instructions, submitted that pursuant to the complaint received from Child Helpline, steps were taken to secure the presence of the minor detenue and thereafter, the minor detenue was handed over to https://hcservices.ecourts.gov.in/hcservices/

Seva Samajam Girls Home, Chennai by the Child Welfare Committee. He further submitted that the minor detenue is presently studying Class X in Chennai.

3.

In view of the above, we do not find any illegal detention involved in this case. Hence, this Habeas Corpus Petition is closed. However, we make it clear that the Respondent/Police is at liberty to proceed with the investigation in this case.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar (aeb) To:

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai 600 007.

2.The Inspector of Police, Tirumangalam Police Station, Tirumangalam, Chennai 600 040.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.1956 of 2019 (CO) CB(31/10/2019) https://hcservices.ecourts.gov.in/hcservices/