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Madras High CourtHCP/2846/2019closed

Selvaraj v. The Inspector Of Police

2020-12-11Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2020

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR H.C.P. No. 2846 of 2019 Selvaraj ..Petitioner/Detenue of the father Vs.

1.

The Inspector of Police, Malayampalayam Police Station, Erode District, Crime No. 84 of 2019.

2.

Prakashraj ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Habeas Corpus to direct the 1st respondent herein to secure the detenue namely Vinitha D/o. Selvaraj aged about 23 years who is under unlawful custody of the 2nd respondent and produce before this Hon'ble Court and set her at liberty.

For Petitioner ::

Mr.R. Nalliyappan For Respondents ::

Mr.R. Prathap Kumar Addl. Public Prosecutor for R1 No appearance for R2

O R D E R

(Order of the Court was made by M.M. SUNDRESH,J.) The petitioner, being the father of the detenue, seeks her custody from the illegal detention at the hands of the 2nd respondent.

2.

Learned Additional Public Prosecutor appearing for the 1st respondent submitted that preliminary investigation revealed that the detenue, aged about 23 years, had eloped with the 2nd respondent. This was on 12.05.2019. Despite efforts made, both the detenue and the 2nd respondent are yet to be secured.

https://hcservices.ecourts.gov.in/hcservices/

3.

Though a case has been registered for the offence punishable under Section 366 IPC, we find that the detenue is missing from 12.05.2019 onwards and more than 1 1⁄2 years have elapsed. Therefore, there is no purpose in keeping this petition pending, particularly, considering the fact that the detenue is a major and prima facie, it appears to be a case of elopement.

4.

In such view of the matter, the Habeas Corpus Petition stands closed with a direction to the 1st respondent to proceed with the investigation to secure the detenue and the 2nd respondent.

nv Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To 1.

The Inspector of Police, Malayampalayam Police Station, Erode District, Crime No. 84 of 2019.

2.

The Public Prosecutor, High Court, Madras.

H.C.P. No. 2846 of 2019 A.SK(18.01.2021) https://hcservices.ecourts.gov.in/hcservices/