C.Sheela v. The Superintendent Of Police

H.C.P.(MD)No.49 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD)No.49 of 2020 C.Sheela : Petitioner Vs 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, All Women Police Station, Colachel Kanyakumari District.

3.Ashik : Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the person or body of the petitioner's minor daughter namely Archana, D/o.Cristen, aged about 17 years, before this Court and set her at liberty.

For Petitioner : Mr.J.Jawahar for Mr.J.Senthil Kumariah For Respondents : Mr.K.Dinesh Babu Addl.Public Prosecutor for RR-1 & 2

O R D E R

[Order of the Court was made by T.RAJA, J.] Mrs.C.Sheela, mother of the detenue, has come to this court, seeking a direction to the respondents 1 & 2 to produce the person or body of her minor daughter namely Archana, D/o.Cristen, aged about 17 years, before this Court and set her at liberty. 2.Today, the minor detenue Ms.Archana aged about 17 years was produced before us by the respondent Police. On her appearance, she agreed to go with the petitioner/her mother, who is also present before us.

3.As we are satisfied that the detenue has realized her https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.49 of 2020 fault and she has expressed her willingness to go with her mother, we are of the view that no further adjudication is required in this habeas corpus petition.

4.It is also pertinent to note that the petitioner has lodged a complaint with the second respondent Police for tracing out her minor daughter/detenue and in this regard, a case was registered in Cr.No.20 of 2019 for the offence under Section 366 of I.P.C against the third respondent and subsequently, the respondent Police have also rightly altered the offence under Section 366 I.P.C into the offence under the POCSO Act.

5.Learned Additional Public Prosecutor also submitted that the third respondent was arrested and produced before the Special Court for Prevention of Children from Sexual Offences Act, Nagercoil.

6.In view of the above facts and circumstances of the case, this habeas corpus petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) vs To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-3616[F] dated 29/01/2020 ) Order made in H.C.P.(MD)No.49 of 2020 27.01.2020 JMN(12.02.2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2