Mrs.D.Menaga v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19..12..2022 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice N.ANAND VENKATESH Habeas Corpus Petition No.2382 of 2022 Mrs.D.Menaga ..... Petitioner -Versus1.The State Rep. by The Commissioner of Police, Tambaram Range, Pallavaram, Chennai.
2.The Inspector of Police, T-3, Pallavaram Police Station, Chennai.
.... 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 body of the minor girl viz., D.Kalaivani, aged 16 years, D/o Dilli, before this court and hand over her custody to the petitioner. For Petitioner : Mr.R.Balamurugan For Respondents : Mr.R.Muniyapparaj, Additional 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 2nd respondent to produce the minor daughter of the petitioner viz., D.Kalaivani (detenue) before this court and hand over her custody to the petitioner.
2. On 23.11.2022,we passed the following order:- "It is the case of the petitioner that her daughter Kalaivani, aged about 16 years, went missing from 18.11.2022 and that the police are not taking effective steps to secure her.
2. Today, S.R.G.Thayal (Mobile No.99406 31945), Special SubInspector of Police, T-3, Pallavaram Police Station, Chennai, is present.
3. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Pallavaram Police Station Crime No.917 of 2022 has been registered on 18.11.2022 for "girl-missing" and during the course of investigation, it came to light that there was a misunderstanding between Kalaivani and her parents and that is why, she has gone out of the house. 4. In such view of the matter, this Court issues a direction to the Assistant Commissioner of Police, Pallavaram Range, Chennai, to supervise the investigation in Crime No.917 of 2022 that is being
conducted by the Inspector of Police, Pallavaram Police Station, Chennai and keep the petitioner informed of the developments, if any. As and when the detenue Kalaivani, aged about 16 years, is secured, she shall be produced before the Judicial Magistrate Court, Pallavaram, Chennai, 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 23.12.2022."
3. Today, when the matter was taken up for hearing, Mr.S.Mani, Spl. Sub-Inspector of Police, T-3, Pallavaram Police Station, was present.
4. Mr.R.Muniyapparaj, learned Additional Public Prosecutor, on instructions, submitted that minor Kalaivani (detenue) was secured on 28.11.2022 and was produced before the learned Judicial Magistrate, Pallavaram, who, in turn, handed over the custody of the minor detenue to her parents.
Recording the above, this Habeas Corpus Petition is closed. (P.N.P., J.) (N.A.V.,J.) 19..12..2022 Index: Yes/No kmk
To 1.The Commissioner of Police, Tambaram Range, Pallavaram, Chennai.
2.The Inspector of Police, T-3, Pallavaram Police Station, Chennai.
3.The Public Prosecutor, High Court, Madras.
P.N.PRAKASH.J., AND N.ANAND VENKATESH.J., kmk 19..12..2022