Mahalakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HON'BLE DR JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE SUNDER MOHAN H.C.P.(MD)No.159 of 2023 Mahalakshmi .. Petitioner /Mother of the detenu Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District, Madurai.

3.Manikandan @ Saju .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the official respondents to produce the person or body of the detenu namely minor Rajamangai, D/o.Loganathan, aged about 16 years before this Court and handover custody to the petitioner.

For Petitioner :Mr.K.K.Samy For R1 & R2 :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

DR G.JAYACHANDRAN,J.

and SUNDER MOHAN,J.

This habeas corpus petition is filed by the mother alleging 16 years old daughter gone missing from 23.01.2023 and in this connection, she gave a complaint on the same day suspecting one man, who is the kidnaper, however, the police has not so far traced the minor girl.

2. The learned Additional Public Prosecutor appearing for the respondents 1 & 2 submits that pursuant to the complaint dated 23.01.2023 the second respondent police herein has traced the minor girl, who was in the company of the third respondent, on 01.02.2023. The girl missing complaint been altered into Section 9,10 of Child Marriage Act and 5(i) r/w 6 of POCSO Act. The third respondent is absconding, whereas, the minor

girl been handed over to Sakthi Vidiel Home, Muthupatti, Madurai on 01.02.2023 and steps are taken to conduct the medical examination of the minor girl as required under POCSO Act.

3. Recording the same, this habeas corpus petition is closed since the missing minor girl is traced.

(G.J.,J.) (S.M.,J.) 02.02.2023 Index :Yes/No Internet:Yes/No NCC :Yes/No am

To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District, Madurai.

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

DR G.JAYACHANDRAN,J.

and SUNDER MOHAN,J.

am ORDER MADE IN H.C.P.(MD)No.159 of 2023 02.02.2023