P.Revathi v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.10.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice RMT.TEEKAA RAMAN P.Revathi .. Petitioner Vs 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.
2.The Inspector of Police, All Women Police Station, Uthangarai, Krishnagiri District.
.. 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 detenue Bavana, daughter of T.Palanisamy, Hindu, aged about 19 years, before this Court and set her at liberty.
For Petitioner : Mr.J.Bharathiraja For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor
ORDER
(Made by P.N.PRAKASH, J.) This habeas corpus petition has been filed by the petitioner seeking a direction to the respondents 1 and 2 to produce her daughter Bavana, aged about 19 years, before this Court and set her at liberty. 2.
It is the case of the petitioner that her daughter Bavana, aged about 19 years, went missing from 11.09.2022 and that the police are not taking effective steps to secure her.
3.
Today, R.Sumathi (Mobile No.94981 70732), Special SubInspector of Police, All Women Police Station, Uthangarai, Krishnagiri District, is present.
4.
On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Uthangarai All Women Police Station Crime No.3 of 2022 has been registered on 12.09.2022 for 'woman missing' and during the course of investigation, it came to light that Bavana had studied XII standard, after which, she joined a
company in Hosur and stayed there till 11.09.2022 and thereafter, eloped with one Balraj @ Amalraj, son of Sivagnanam. He further submitted that the office of the Deputy Superintendent of Police received a letter dated 03.10.2022 purportedly sent by Bavana stating that she has married Balraj and is living with him. It is his further submission that along with the letter, a copy of the marriage certificate dated 13.09.2022 was also enclosed. 5.
We furnished a copy of all these documents to the learned counsel for the petitioner across the bar.
6.
In such view of the matter, it cannot be stated that Bavana, aged about 19 years, is in illegal custody of the respondents herein for the issuance of a writ of habeas corpus.
Hence, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Uthangarai Sub-Division, Krishnagiri District, to supervise the investigation in Crime No.3 of 2022 that is being conducted by the Inspector of Police, All Women Police Station, Krishnagiri
District and keep the petitioner informed of the developments, if any. As and when the detenue Bavana, aged about 19 years, is secured, she shall be produced before the Judicial Magistrate Court, Uthangarai, Krishnagiri District, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law.
(P.N.P., J.) (TKRJ) 14.10.2022 Index: Yes/No nsd
To 1.The Judicial Magistrate, Uthangarai, Krishnagiri District.
2.The Deputy Superintendent of Police, Uthangarai Sub-Division, Krishnagiri District.
3.The Superintendent of Police, Krishnagiri, Krishnagiri District.
4.The Inspector of Police, All Women Police Station, Uthangarai, Krishnagiri District.
5.The Public Prosecutor, High Court, Madras.
P.N.PRAKASH, J.
and RMT.TEEKAA RAMAN, J.
nsd 14.10.2022