Shamsath Begam v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.12.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN H.C.P.No.2744 of 2019 Shamsath Begam M/o.Shaheera Begam ... Petitioner Vs 1.State represented by Inspector of Police, Chidambaram Police Station, Cuddalore.
2.Tamilselvan S/o.Murugesan ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing first respondent Police to produce the body of detenue/petitioner's daughter viz., Saheera Begam, aged 16 years, D/o.Shamshath Begam, before this Court and hand over her custody to the petitioner.
For Petitioner : Mr.J.Franklin For Respondents : Mrs.M.Prabhavathi, Additional Public Prosecutor *****
O R D E R
[Order of this Court was made by R.SUBBIAH, J] Petitioner, who is the mother of the detenue Saheera Begam, aged 16 years, D/o.Shamshath Begam, has filed the present petition seeking a direction to first respondent to produce the detenue before this Court and hand over her custody to the petitioner.
2. Heard learned counsel for petitioner and learned Additional Public Prosecutor appearing for first respondent. https://hcservices.ecourts.gov.in/hcservices/
3. Learned counsel for petitioner submits that the petitioner's daughter went missing from 12.11.2019. After searching for the detenue with the relatives and neighbours, petitioner preferred a complaint. Since no action has been taken, the present petition has been filed seeking the aforesaid relief.
4. Learned Additional Public Prosecutor appearing for respondent submits that based on the complaint of petitioner, initially a case was registered in Crime No.353 of 2019 on the file of first respondent for 'Girl Missing' and subsequently, it was altered to reflect offences u/s.366 IPC, 5(1)(6) of POCSO Act and 9 of Child Marriage Act. The detenue was secured on 05.12.2019 and after completing all formalities including medical test, the detenue was handed over to the petitioner.
5. Today, the detenue is produced before this Court. When we enquired, she stated that she joined her mother. In the aforestated circumstance, nothing survives for further adjudication in the present petition. Accordingly, the Habeas Corpus Petition is closed.
Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar gm To 1.The Inspector of Police, Chidambaram Police Station, Cuddalore.
2.The Public Prosecutor, High Court, Madras.
H.C.P.No.2744 of 2019 PM(CO) CSR:10.02.2020 https://hcservices.ecourts.gov.in/hcservices/