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Madras High CourtHCP/2963/2018closed

K.Subashini v. The Assistant Commissioner Of Police

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. 2963 of 2018 K.Subashini ... Petitioner -vs1.The Assistant Commissioner of Police, Chindaripet Police Station, Chennai - 600 002.

2.The Inspector of Police, D2, Anna Salai Police Station, Chennai - 600 002.

3.Parthasarathi ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to produce the body of petitioner's daughter namely Kunguma Mirudhula, aged 19 years, before this Court and set her at liberty.

For Petitioner : No Appearance For Respondents :

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

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to produce the body of petitioner's daughter namely Kunguma Mirudhula, aged 19 years, before this Court and to set her at liberty, the present Habeas Corpus Petition has been filed.

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2. There is no representation on behalf of the petitioner.

3. The petitioner gave a complaint alleging that her daughter, namely, the detenue, is in the illegal custody of the third respondent.

4. The learned Additional Public Prosecutor, on instructions, submitted that it is a case of elopement. Though efforts have been made, neither the third respondent nor the detenue has been secured till now.

5. The occurrence is stated to have happened last year. Thus, we are not inclined to keep this petition pending any longer especially when prima facie it appears that it is a case of elopement.

6. Accordingly, the Habeas Corpus Petition stands closed. However, the investigation shall go on and as and when the detenue is secured, she should be produced before the jurisdictional Magistrate.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Assistant Commissioner of Police, Chindaripet Police Station, Chennai - 600 002.

2.The Inspector of Police, D2, Anna Salai Police Station, Chennai - 600 002.

3.The Public Prosecutor, High Court, Madras.

AKM/03.12.19/2P-4C / H.C.P. No. 2963 of 2018 https://hcservices.ecourts.gov.in/hcservices/