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Madras High CourtHCP/2595/2018closed

B.Ganesa Moorthy v. Sub Inspector Of Police

2019-01-25Honourable Mrs Justice S. Ramathilagam,Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MRS. JUSTICE S.RAMATHILAGAM H.C.P. No.2595 of 2018 B.Ganesa Moorthy ... Petitioner .. Vs ..

1. The Sub-Inspector of Police, Pennadam Police Station, Cuddalore District.

2. Manikandan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the first respondent police to secure and produce the minor girl G.Shanmuga Sundari, aged about 17 years before this Court from the custody of the second respondent and handover to the petitioner.

For Petitioner :

Mr.A.K.Rajaraman For Respondents :

Mr.R.Prathap Kumar Additional Public Prosecutor

ORDER

[Order of the Court was made by C.T.SELVAM, J.] Petitioner, who is the father of the minor girl namely, G.Shanmuga Sundari, aged about 17 years, has filed this petition seeking a direction to first respondent police to cause production of his minor daughter.

2. Heard learned counsel for petitioner as also learned Additional Public Prosecutor for first respondent. https://hcservices.ecourts.gov.in/hcservices/

3. Today, the first respondent police has caused production of the minor girl G.Shanmuga Sundari.

4. Learned Additional Public Prosecutor submits that initially, a case stands registered by the first respondent police in Crime No.51 of 2018 as 'Girl missing' and pursuant to tracing the girl, the first respondent police altered the FIR to reflect Section 366 (A) IPC in Crime No.221 of 2018 and the second respondent, who has since been kept custody of the minor girl, already returned her to the custody of her parents and to continue under their care. The petitioner as also his wife are present and affirm such position.

Recording the same, this Habeas Corpus Petition shall stand closed.

Jrl/kkn Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To

1. The Sub-Inspector of Police, Pennadam Police Station, Cuddalore District.

2. The Public Prosecutor, High Court, Madras.

H.C.P.No.2595 of 2018 kak(25/01/2019) https://hcservices.ecourts.gov.in/hcservices/