G.Murugesan v. The Superintend Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.01.2018 Coram :- THE HON'BLE DR.JUSTICE S.VIMALA and THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI Habeas Corpus Petition No.5 of 2018 G.Murugesan ... Petitioner vs1.

The Superintendent of Police Virudhunagar District 2.

The Inspector of Police Thiruthangal Police Station, Virudhunagar District.

3.

S.Prabhu ... Respondents Prayer: Habeas Corpus Petition is filed under Article 226 of Constitution of India, seeking a direction to the respondents to produce the detenu namely, M.Nandhini, D/o.Murugesan, aged 20 years and to hand over her to the petitioner's custody. For Petitioner : Mr.C.Arunmozhi Rajashankar For R1 & R2 : Mr.C.Ramesh Addl. Public Prosecutor For R3 : No Appearance ******

O R D E R

(Order of the Court was made by S.Vimala,J.,) The petitioner, who is the father of detenue, has moved this petition for a direction to the Respondent Nos.1 and 2 to produce his daughter, namely, Nandhini aged about 20 years before this Court and set her at liberty.

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2. According to the petitioner / father of detenue, his

daughter Nandhini/ detenue herein, who is aged about 20 years, has been studying her third year degree Course in Sivakasi and on 07.12.2017, she was found missing. Since they suspected that the detenue has been illegally detained by the third respondent, a complaint was lodged before the 2nd respondent against the third respondent. Even thereafter, the petitioner was not able to trace out the whereabouts of the detenue and therefore, having left with no other alternative remedy, he is before this Court, seeking for the above direction.

3. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor has produced photographs and a statement recorded from the detenue by the respondent police at Mumbai.

4. In the said statement, the detenue has stated that she has married the third respondent, according to her will and wish and did not want to come to Tamil Nadu and meet anybody.

5. Considering the fact that the detenue, namely, Nandhini, has attained majority and recording the statement of the detenue, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

1.

The Superintendent of Police Virudhunagar District 2.

The Inspector of Police Thiruthangal Police Station, Virudhunagar District.

3.

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

+ 1 cc TO Mr.C.Arunmozhi Rajashankar , Advocate in SR No. 42627 RR AE/JC/SAR4/29.01.2018/2P/5C Habeas Corpus Petition No.5 of 2018 18.01.2018 https://hcservices.ecourts.gov.in/hcservices/