R.Selvi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR R. Selvi ... Petitioner -vs1.The Superintendent of Police, Madurai District 2.The Inspector of Police, Kottampatti Police Station Madurai District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the body or person of the detenue by name Periyaavatchi @ Priya, D/o.Ramesh, aged 18 years before this Court. For Petitioner :

Mr.S. Aysha Begum For Respondents :

Mr.RMS.Sethuraman Additional Public Prosecutor Mr.D.Thiruppathi Counsel for Detenue 1/5

O R D E R

A.D.JAGADISH CHANDIRA, J.

and K.RAJASEKAR This Habeas Corpus Petition has been filed to direct the respondents 1 and 2 to produce the body or person of the detenue by name Periyaavatchi @ Priya, D/o.Ramesh, aged 18 years before this Court.

2. It is the contention of the petitioner that her daughter Periyaavatchi @ Priya aged about 18 years was found missing from 22.01.2024 and since she was unable to trace her, she had preferred complaint to the second respondent on 23.01.2024 to take appropriate action. Based on the complaint given a case has been registered in Crime No.22 of 2024 under woman missing. Since the second respondent has not taken any action the petitioner has filed the present petition.

3. Pursuant to the issuance of notice the second respondent produced the alleged detenue before this Court.

4. The learned Additional Public Prosecutor would submit that the alleged detenue was produced before the second respondent by 2/5

D.Thirupathy. This Court enquired the alleged detenue and she further submitted that she was aged about 18years and her parents have compelled her to marry against her wish, hence she on her own volition had gone out of the house along with her friend Surya, S/o. Murugan aged about 19 years and she expressed her willingness to go along with the said Surya.

5. The family members of Surya namely his aunt Malliga and her son were also present before this Court. The mother of the alleged detenue was also present before this Court.

6. The mother of the alleged detenue submit that she is ready to take her daughter, however she is not ready to accept her daughter's relationship with the said Surya.

7. The relative of the said Surya namely Malliga submitted that she is the paternal aunt of Surya and that she is ready to take care of the alleged detenue if both of them are ready to stay with them. The alleged detenue expressed her willingness to go along with Surya and his relatives.

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8. In view of the same this Court finds that the alleged detenue is not in any illegal detention, hence this Habeas Corpus Petition is closed. [A.D.J.C., J.] [K.R.S., J.] 05.04.2024 NCC :

Yes / No Index :

Yes / No Internet:

Yes / No aav To:

1.The Superintendent of Police, Madurai District 2.The Inspector of Police, Kottampatti Police Station Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

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