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Madras High CourtHCP/2022/2023ordered

S.Vidhyasagar v. The Commissioner Of Police

2023-10-30Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2023

CORAM

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN S.Vidyasagar ... Petitioner Vs.

1.The Commissioner of Police, Chennai City, Vepery, Chennai.

2.The Inspector of Police, F5 Choolaimedu Police Station Chennai.

3.Kiran Soni 4.Ashok Soni 5.Mohit Soni 6.Dharmendra Chouksi ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing respondent nos. 1 and 2 to produce the person and body of petitioner's lover Solana Soni, aged 23 years, D/o.late Sunil Soni, before this Court from the custody of respondent nos. 3 to 6 and set her at liberty.

For Petitioner :

Mr.R.C.Paul Kanagaraj For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind for R1 and R2

ORDER

(Order of the Court was made by S.S. SUNDAR, J.) Seeking a direction to respondents 1 and 2 to produce Ms.Solana Soni, aged 23 years, D/o.late Sunil Soni, before this Court from the custody of respondents 3 to 6 and to set her at liberty, the present habeas corpus petition has been filed.

2. It is the case of the petitioner that the detenue, who developed a love affair with him, had been illegally detained by her family members.

3. The detenue is produced before this Court and stated in unequivocal terms that she would like to go with the petitioner and that she was detained by her parents in Gujarat as they are not happy with the affair with the petitioner.

4. As per the Aadhar Card of the detenue, the age of the

detenue is 23 years and her date of birth is 14.09.2000.

5. Recording the fact that the detenue is a major and she is willing to go with the petitioner, this habeas corpus petition is ordered.

(S.S.S.R., J.) (S.M., J.) 30.10.2023 Index : Yes / No mmi To 1.The Commissioner of Police, Chennai City, Vepery, Chennai.

2.The Inspector of Police, F5 Choolaimedu Police Station Chennai.

3.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR , J.

and SUNDER MOHAN, J.

mmi 30.10.2023