Inbavalli v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Inbavalli .. Petitioner Vs 1.The Superintendent of Police, Cuddalore, Cuddalore District.

2.The State rep. By The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.

3.Satheesh .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents 1 and 2 to produce the petitioner's daughter XXX, daughter of Inbavalli, aged about 19 years in person before this Court or her body and set her at liberty.

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For Petitioner :

Mr.M.J.Javid Akbar For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John for R1 and R2

ORDER

[Order of the Court was made by M.NIRMAL KUMAR, J.,] The petitioner has given a complaint on 19.11.2022, based on which, though F.I.R. in Crime No.496 of 2022 for 'woman missing' was registered on 19.11.2022 for missing of her daughter, no action has been taken. Hence apprehending danger to her daughter's life, she has filed the present petition.

2.

Learned counsel for the petitioner submits that on 15.11.2022, the absentee left home informing that she is going to college and thereafter she did not return back. He further submits that the petitioner also gave certain details to the respondent police but they failed to take any action. Hence she has filed the present petition. 3.

Learned Additional Public Prosecutor submits that on the complaint of the petitioner, a case has been registered, investigation Page Nos.2/4

commenced and during investigation, six witnesses have been examined and it was found that the absentee is a major and when secured, she stated that on her own volition, she had left the home and she is not under anybody's illegal detention. Thereafter, the absentee expressed her willingness to go with the petitioner. Recording the same, the case has been closed as 'action dropped' in RC No.32 of 2022 and the same has also been filed before the jurisdictional Court.

4. Recording the submission made by learned Additional Public Prosecutor that the absentee is not under anybody's illegal detention, this habeas corpus petition is disposed of as closed. (M.S.,J.) (M.N.K.,J.) 25.04.2023 Index : Yes / No mmi To 1.The Superintendent of Police, Cuddalore, Cuddalore District.

2.The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

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M.SUNDAR, J., and M.NIRMAL KUMAR , J., mmi 25.04.2023 Page Nos.4/4