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Madras High CourtHCP/2626/2018closed

Chitrakala, v. The Superintendent Of Police,

2019-11-13Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN H.C.P.NO.2626 OF 2018 Chitrakala ... Petitioner -vs1. The Superintendent of Police, Kancheepuram District.

2. The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu, Kancheepuram District.

... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body and person of petitioner's daughter, namely, Vijayalakshmi, female, D/o.Marimuthu, aged about 17 years, before this Court and hand over her custody to the petitioner.

For Petitioner : No appearance For Respondent : Mr.R.Prathap Kumar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents herein to produce the body and person of petitioner's daughter, namely, Vijayalakshmi, female, D/o.Marimuthu, aged about 17 years, before this Court and to hand over her custody, the present Habeas Corpus Petition has been filed.

2. There is no representation on behalf of the petitioner. 3.The petitioner is the mother of the detenue, who is missing from 21.05.2017 onwards.

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4. We have perused the status report filed by the Superintendent of Police, Kancheepuram District. The status report would reveal that extensive investigation has been done. However, the detenue could not be secured. We could also see from the status report that six months after the detenue was missing, she called one witness by name, Noorjahan and spoke to her. Thus, prima facie, it does not appear to be the case of illegal custody or detention.

5. Accordingly, we are closing this Habeas Corpus Petition with the direction to the respondents to continue with the investigation. As and when the detenue is secured, she should be produced before the concerned jurisdictional Magistrate. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mmi/ssm To

1. The Superintendent of Police, Kancheepuram District.

2. The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu, Kancheepuram District.

3. The Public Prosecutor, High Court, Madras.

H.C.P.No.2626 of 2018 VGI(CO) CS/12/12/2019 https://hcservices.ecourts.gov.in/hcservices/