Lakshmi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18..11..2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN Habeas Corpus Petition No.1954 of 2022 Lakshmi ..... Petitioner -Versus1.The Superintendent of Police, Perambalur District.

2.The Inspector of Police, Kunnam Police Station, Perambalur District.

3.Arunamoorthi .... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the petitioner's daughter namely Dhavasi , D/o Periyasamy, aged about 16 years, or her body, before this court and hand over her custody to the petitioner. For Petitioner : Mr.M.Vijayaragavan For Respondents : Mr.R.Muniyapparaj, Additional Public Prosecutor

ORDER

[Order of the Court was made by P.N.PRAKASH.J.,] This Habeas Corpus Petition has been filed seeking a direction to the respondents 1 and 2 to produce the petitioner's daughter, namely Dhavasi, D/o Periyasamy, aged about 16 years, or her body, before this court and hand over her custody to the petitioner.

2. It is the case of the petitioner that her daughter Dhavasi, aged 16 years, went missing from 15.09.2022 and that she is in the illegal custody of the 3rd respondent.

3. Today, when the matter was taken up for hearing, Mr.S.Vignesh, Police Constable (PC 259), Kunnam P.S., Perambalur District, was present.

4. Mr.R.Muniyapparaj, learned Additional Public Prosecutor, on instructions, submitted that on a complaint given by the petitioner, a case in Kunnam Police Station Crime No.316 of 2022 on 17.09.2022 for "Girl Missing" and the girl was secured on 15.10.2022 and was produced before the Judicial Magistrate,Kunnam. Thereafter, the custody of the girl was handed over to the Child Welfare Committee, Perambalur, which, in turn, handed over the custody of the girl to the petitioner (mother).

5. The learned Additional Public Prosecutor, further submitted that the case in Crime No.316 of 2022 has been altered by including Sections 363, 366 IPC and Section 5 (1) r/w 6 of The Protection of Children from Sexual Offences, 2012 and Sections 9 & 10 of The Prohibition of Child Marriage Act, 2006.

Recording the submission made by the learned Additional Public Prosecutor, this Habeas Corpus Petition stands closed. (P.N.P., J.) (TKR., J.) 18..11..2022 Index: Yes/No kmk To 1.The Superintendent of Police, Perambalur District.

2.The Inspector of Police, Kunnam Police Station, Perambalur District.

3.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH.J., AND RMT.TEEKAA RAMAN.J., kmk H.C.P.No.1954 of 2022 18..11 ..2022