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Madras High CourtHCP/2350/2018closed

P.Dhana Selvi v. The Sp Thiruppathur

2019-10-31Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 2350 of 2018 P.Dhana Selvi ... Petitioner -vs1.The Superintendent of Police, Thiruppathur.

2.The Inspector of Police, Thiruppathur Taluk Police Station, Vellore District.

3.Manobala @ Sharma 4.Bharathi 5.Surya 6.Chinnamani @ S.Murugan 7.Sura 8.Palanisamy ... Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of habeas corpus directing respondents 1 and 2 to produce the person and body of the petitioner's daughter Kokila aged about 22 years before this Court. For Petitioner : M/s.Karan and Uday For Respondents :

Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 & R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the mother of the detenue. Alleging that she is under the illegal custody of the third respondent, who is a married man, the present petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

2.We have perused the status report filed. From the status report, we could see that the detenue, being a major, has eloped second time with the same person. In fact, on the earlier occasion, a complaint was given by the wife of the third respondent, pursuant to which, both of them were secured. When arrangements are made for the marriage of the detenue, she once again eloped with the third respondent. Thus, we do not find any illegal detention involved in this case.

3.Accordingly, the habeas corpus petition stands closed. However, the investigation shall go on in the case registered for woman missing and as when the detenue is secured, she should be produced before the concerned jurisdictional Magistrate. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar mmi/ssm To 1.The Superintendent of Police, Thiruppathur.

2.The Inspector of Police, Thiruppathur Taluk Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

H.C.P. No. 2350 of 2018 SJ(CO) SP(09/12/2019) https://hcservices.ecourts.gov.in/hcservices/