A.M.Ganesan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.2173 of 2019 A.M.Ganesan S/o.Mariyappan ... Petitioner Vs 1.The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chenani - 600007.

2.The Inspector of Police, T5 Thiruverkadu Police Station, Chennai.

3.Manikandan S/o.Murugan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing respondents to produce the body of petitioner's daughter Pavithra @ Vijitha, aged about 24 years, who is in illegal custody of third respondent before this Court and set her at liberty.

For Petitioner : Mr.P.S.Amal Raj For Respondents: Mr.R.Prathap Kumar Additional Public Prosecutor [R1 & R2] Mr.G.Nirmal [R3] ***** 1/3

O R D E R

[Order of this Court was made by R.SUBBIAH, J] Petitioner is the father of the detenue viz., Pavithra @ Vijitha, aged about 24 years and has filed the present petition seeking a direction to respondents to produce the detenue, who is in illegal custody of third respondent, before this Court and set her at liberty.

2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for respondents.

3. Learned counsel for petitioner submits that third respondent had kidnapped the detenue and hence, petitioner lodged a complaint before the second respondent. Since no action was taken, the present petition has been filed seeking the aforesaid relief.

4. On the earlier occasion, this Court has referred the matter to mediation centre to resolve the dispute. The mediation report informs that no agreement was reached between parties. Since the detenue is a major, she has every right to take her own decision. In the aforestated circumstance, nothing survives for further adjudication in the matter.

Accordingly, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gm 2/3

To 1.The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chenani - 600007.

2.The Inspector of Police, T5 Thiruverkadu Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

H.C.P.No.2173 of 2019 aa05/02/2020 3/3