Anitha v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2023 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH H.C.P.No.2229 of 2022 Anitha W/o.Sekar .. Petitioner Vs.

1.The Commissioner of Police, Salem City.

2.The Inspector of Police, AWPS Ammapet Police Station, Salem City.

Crime No.50 of 2022 .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's daughter Santhiya, aged 14 years, daughter of Sekar, before this Court and hand over her to the petitioner, who is natural guardian of Santhiya, aged 14 years. 1/4

For Petitioner :

Mr.B.Vasudevan For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

ORDER

[Made by P.N.PRAKASH, J] This petition has been filed seeking a direction to the second respondent to produce the petitioner's daughter Santhiya, aged 14 years, before this Court and hand over her to the petitioner.

2. On 08.11.2022, we passed the following order: "It is the case of the petitioner that her daughter Santhiya, aged about 14 years, went missing from 08.10.2022 and that the police are not taking effective steps to secure her.

2. Today, A.Vasugi (Mobile No.94981 67610), Women Head Constable 637, All Women Police Station (AWPS), Ammapet, Salem, is present.

3. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Ammapet AWPS Crime No.50 of 2022 has been registered on 19.10.2022 under Section 363 and 366 IPC against one Praveen and investigation is in progress.

4. In such view of the matter, we direct the Assistant Commissioner of Police, Ammapet Range, Salem, to monitor the investigation in Ammapet AWPS Crime No.50 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Santhiya, aged about 14 years, is secured, she shall be 2/4

produced before the Additional Mahila Court (Magisterial Level), Salem, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to custody in accordance with law.

Post the matter on 06.12.2022."

3. Today, Ms.D.Sridevi, Special Sub-Inspector of Police, AWPS Ammapet, [Mobile No.94981 66751], is present.

4. On instructions, learned counsel for the petitioner and learned Additional Public Prosecutor submitted that Santhiya was secured by the police and was handed over to the petitioner on 02.01.2023. Recording the same, this Habeas Corpus Petition is closed. [P.N.P., J] [N.A.V., J] 03.01.2023 Index: Yes/No gm/ssr P.N.PRAKASH, J and 3/4

N.ANAND VENKATESH, J gm/ssr To 1.The Commissioner of Police, Salem City.

2.The Inspector of Police, AWPS Ammapet Police Station, Salem City.

3.The Public Prosecutor, High Court, Madras.

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