Santhosh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Ms. Justice R.N.MANJULA H.C.P.No.2187 of 2021 Santhosh ... Petitioner Vs.

1. State represented by The Commissioner of Police, Chennai.

2. The Inspector of Police, Puzhal Police Station, Chennai District.

3. Sankar ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent to produce the detenue viz., Nivedha, daughter of Shankar, aged 22 years, who is now under the illegal custody of the 3rd respondent herein before this Court and may set her at liberty.

For Petitioner : Mr.D.Bennington For RR 1 and 2 : Mr.R.Muniyapparaj Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the the 2nd respondent to produce the detenue viz., Nivedha, daughter of Shankar, aged 22 years, who is now under the illegal custody of the 3rd respondent herein before this Court and may set her at liberty.

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2. It is the case of the petitioner that he was in love with one Nivedha, aged about 22 years and that she is being kept in the illegal detention by her father, third respondent herein. On these allegations, the petitioner has filed the present habeas corpus petition.

3. Today, when the matter was taken up for hearing, the petitioner and his counsel were present before this Court via video conferencing. Nivedha was also present via video conferencing.

4. When questioned by us, Nivedha clearly stated that she was cheated by the petitioner and her father is not keeping her in illegal detention and she is with her father on her own free will and volition. She also stated that her date of birth is 09.11.1999 and she is now 22 years old.

5.

In view of the above, it cannot be stated that Nivedha, aged about 22 years, is in the illegal custody of the third respondent for the issuance of a writ of habeas corpus. Hence, this habeas corpus petition stands dismissed. Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar nsd To 1.The Commissioner of Police, Chennai.

2.The Inspector of Police, Puzhal Police Station, Chennai District.

3.The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.2187 of 2021 SRA (CO) PR (27/01/2022) https://hcservices.ecourts.gov.in/hcservices/