S.Samundeeshwari v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09..01..2023 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice N.ANAND VENKATESH Habeas Corpus Petition No.2457 of 2022 S.Samundeeshwari ..... Petitioner -Versus1.The Commissioner of Police, Avadi, Chennai District.
2.The Inspector of Police, Madhavaram Milk Colony Police Station, Chennai District.
.... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the respondents to produce the body of the person viz., B.Manisha, D/o Boopathy, aged about 17 years, before this court and hand over her custody to the petitioner. For Petitioner : Mr.S.Saravanan 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 respondents to produce the detenue viz., B.Manisha, D/o Boopathy, aged about 17 years, before this court and hand over her custody to the petitioner.
2. On 01.12.2022, we passed the following order:- "It is the case of the petitioner that her daughter Manisha, aged about 17 years, went missing from 20.09.2022 and that the police are not taking effective steps to secure her.
2. Today, R.Shanmugam (Mobile No.98406 01601), Sub-Inspector of Police, M-2, Madhavaram Milk Colony 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 M-2, Madhavaram Milk Colony Police Station Crime No.412 of 2022 has been registered for 'girl missing' on 21.09.2022 and during the course of investigation, it came to light that Manisha was in love with one Manjunadhan and eloped with him.
4. In such view of the matter, this Court issues a direction to the Assistant Commissioner of Police, Manali Range, Chennai, to supervise the investigation in Crime No.412 of 2022 that is being conducted by the Inspector of Police, M-2, Madhavaram Milk Colony Police Station and
keep the petitioner informed of the developments, if any. As and when the detenue viz. Manisha, aged about 17 years, is secured, she shall be produced before the Judicial Magistrate Court, Madhavaram, Chennai, under intimation to the petitioner. On such production, the learned Magistrate may pass appropriate orders with regard to the custody in accordance with law.
Post the matter on 05.01.2023."
3. On instructions, Mr.R.Muniyapparaj, learned Additional Public Prosecutor for the respondents and Mr.S.Saravanan, learned counsel for the petitioner submitted that the detenue - Manisha was secured on 21.12.2022 and thereafter, produced before the learned Judicial Magistrate, Madhavaram, and handed over to the petitioner. In the result, recording the above, this Habeas Corpus Petition is closed.
(P.N.P., J.) (N.A.V.,J.) 09..01..2023 Index : yes / no : yes / no kmk To 1.The Commissioner of Police, Avadi, Chennai District. 2.The Inspector of Police, Madhavaram Milk Colony Police Station, Chennai District.
3.The Public Prosecutor, High Court, Madras.
P.N.PRAKASH.J., AND N.ANAND VENKATESH.J., kmk H.C.P.No. 2457 of 2022 09..01..2023