Poonkudi v. Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2023 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Poonkodi W/o Munusami ..
Petitioner v.
1. The Deputy Superintendent of Police Uthangarai Krishnagiri District
2. The Inspector of Police Singarapettai Police Station Krishnagiri District
3. Thirupathi S/o Murugan ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Habeas Corpus, to direct the 1st and 2nd respondents to produce the body of the petitioner's minor daughter namely, Roja, D/o Munusami aged about 16 years before this Court and handover to the petitioner from the illegal custody of the 3rd respondent. For Petitioner ::
Mr.J.Pradeep
For Respondents ::
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate for R1 & R2
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This petition is filed by the mother of the detenue. The case of the petitioner is that her daughter was kidnapped by the third respondent and that the third respondent has taken custody of the detenue illegally.
2. After filing this petition, the learned Additional Public Prosecutor informed this Court that the detenue refused to come from the Home at Krishnagiri where she is staying. Earlier the detenue gave a statement before the learned Judicial Magistrate, Uthangarai. From the statement, we get a clue that the story of the detenue may not be true. Therefore, this Court directed the respondent police to produce the detenue before this Court.
3. Today the detenue, who is present in the Court, stated that she was not taken by anyone and that she was, on her own, away from her parents.
She also states that she wants to go with her mother, the petitioner. Therefore, recording the fact that the detenue has now joined with the mother, this habeas corpus petition is closed. Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 01.12.2023 ss To
1. The Deputy Superintendent of Police Uthangarai Krishnagiri District
2. The Inspector of Police Singarapettai Police Station Krishnagiri District
3. The Public Prosecutor High Court, Madras
S.S.SUNDAR,J.
AND SUNDER MOHAN,J.
ss 01.12.2023