Adivishnu Gayatri Devi v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 6/12/2019 C O R A M THE HON'BLE MR.JUSTICE R.SUBBIAH & THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN H.C.P.No.2768 of 2019 Smt.Adivishnu Gayatri Devi ...

Petitioner Vs

1. The Director General of Police State of Tamil Nadu Chennai.

2. The Commissioner of Police Chennai City Chennai.

3. The Deputy Commissioner of Police T. Nagar Chennai.

4. State rep. By The Inspector of Police Kodungaiyur Police Station Kodungaiyur Chennai.

5. Sri Adivishnu Nagendra Prasad

6. Smt.Adivishnu Lavanya ...

Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, to direct the respondent No.4 to produce petitioner's minor daughter Miss.Sade Naga Akhila, D/o. Sade Babu Prasad, aged 16 years (D.O.B.1/8/2004), first year intermediate, who is in the illegal custody of the respondent Nos.5 and 6 before this Court and to handover her custody to the petitioner being the natural guardian.

For Petitioner ...

M/s.G.Amulya Spencer For respondents...

Mr.R.Pratap Kumar 1-4 Additional Public Prosecutor.

O R D E R

(Order of the Court was made by R.Subbiah, J) Petitioner, who is the mother of minor daughter, viz.,Sade Naga Akhila, aged 16 years, has filed the instant Habeas Corpus Petition, to direct the fourth respondent to produce the petitioner's minor daughter, who is under the illegal custody of respondent Nos.5 and 6 before this Court and handover to the petitioner forthwith being the natural guardian.

2. Heard M/s.G.Amulya Spencer, learned counsel for the petitioner and Mr.R.Pratap Kumar, learned Additional Public Prosecutor for the respondents 1 to 4.

3. Today, when the matter is taken up for consideration, detenue was produced. On enquiry, she has stated that from childhood she is living with fifth and sixth respondents, who are none other than the petitioner's brother and his wife, respectively. Petitioner handed over the detenue to the grand mother of the detenue. Grand mother of the detenue, fifth and sixth respondents are all residing in the same house. Grand mother had expired three years back. Thereafter, the petitioner is making an attempt to take her into custody. Detenue has also stated that she is not in the illegal custody of fifth and sixth respondents. She also expressed her unwillingness to go along with the petitioner.

4. From the above facts, it could be deduced that detenue is not in the illegal custody of fifth and sixth respondents. Hence, nothing survives for adjudication in the petition. The Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mvs

To

1. The Director General of Police State of Tamil Nadu Chennai.

2. The Commissioner of Police Chennai City Chennai.

3. The Deputy Commissioner of Police T. Nagar Chennai.

4. The Inspector of Police Kodungaiyur Police Station Kodungaiyur Chennai.

5. The Public Prosecutor High Court of Madras Madras H.C.P.No.2768 of 2019 cp(co) nr 30/01/2020