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Madras High CourtHCP/2127/2021closed

M.Bharathi v. The Superintendent Of Police

2021-12-22Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2021

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA H.C.P.No.2127 of 2021 M.Bharathi ..Petitioner Vs.

1. The Superintendent of Police, Ranipet District, Ranipet - 632 403.

2. The Sub-Inspector of Police, Thakkolam Police station, Arakkonam Taluk, Ranipet District.

3. Rajesh

4. R.Chandru (Minor) ..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 M.Dhivya Sakthi, aged about 16 years, before this Court and hand over her to the petitioner.

For Petitioner : Mr.S.Rajendran For RR 1 and 2 : Mr.R.Muniyapparaj, Addl. 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 M.Dhivya Sakthi, aged about 16 years, before this Court and hand over her to the petitioner. 2.

It is the case of the petitioner that her daughter Dhivya Sakthi, aged about 16 years, went missing from 14.11.2021 and that the police are not taking effective steps to secure her. https://hcservices.ecourts.gov.in/hcservices/

3.On instructions, the learned Additional Public Prosecutor submitted that Dhivya Sakthi and Chandru, 4th respondent herein, are intensely in love with each other; earlier, on two occasions, Dhivya Sakthi went away with Chandru and each time, the police secured her and handed over her to her parents, despite which, for the third time, she has run away with Chandru; however, the police have registered a case in Thakkolam Police Station Crime No.168 of 2021 on 27.11.2021 for 'girl missing' and investigation is in progress.

In such view of the matter, this habeas corpus petition stands closed with a direction to the Deputy Superintendent of Police, Arakkonam Sub-Division, to supervise the investigation in Thakkolam Police Station Crime No.168 of 2021 and keep the petitioner informed of the developments, if any. As and when the detenue Dhivya Sakthi, aged about 16 years, is secured, she shall be produced before the Judicial Magistrate Court, Arakkonam, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nsd To

1. The Judicial Magistrate, Arakkonam

2. The Deputy Superintendent of Police, Arakkonam Sub-Division.

3. The Superintendent of Police, Ranipet District,Ranipet - 632 403.

4. The Sub-Inspector of Police, Thakkolam Police station, Arakkonam Taluk, Ranipet District.

5. The Public Prosecutor, High Court, Madras.

H.C.P.No.2127 of 2021 UM(CO) RGA(27/01/2022) https://hcservices.ecourts.gov.in/hcservices/