M.Elayadevi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN M.Elayadevi ... Petitioner Vs.

1.The Superintendent of Police O/o.The District Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police Thiruvengadam Police Station, Tenkasi District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the Respondents herein to produce 1/5

the body or person of petitioner's daughter namely, Minor Dhayalini (16 years) before this Court and hand over the custody to the petitioner. For Petitioner :

Mr.P.Singravel For Respondents :

Mr.A.Thiruvadi Kumar, - for R1 & R2 Additional Public Prosecutor

O R D E R

DR.G.JAYACHANDRAN, J.

K.K.RAMAKRISHNAN, J.

One Elayadevi / Petitioner, has given a complaint to the respondent Police on 01.01.2023 informing about the missing of her minor daughter, who was pursuing +2 in the Government Higher Secondary School at Thiruvengadam. According to the complaint, on 31.12.2022 her daughter left the home at 10.30 a.m., but did not return and the respondent Police who has been registered a case under "Girl Missing" caption, pursuing the complaint and in the mean while, Elayadevi has filed this Habeas Corpus Petition.

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2. When the matter came up for consideration today, the respondent Police produced the minor girl before this Court, who appears to have eloped with one Thangavel Raja. The respondent Police had secured the minor girl as well as Thangavel Raja, who were staying in a house at Eral. The respondent Police has altered the 'girl missing' complaint into for an offence under Section 366 IPC and POCSO Act.

3. We enquired the minor girl and she states that she wants to go with her parents. The petitioner/mother of the detenu is also present before this Court.

4. Recording the same, this Habeas Corpus Petition is closed, since the missing girl has been traced and handed over to the petitioner. [G.J.,J.] [K.K.R.K.,J.] 10.02.2023 Index : Yes / No Internet : Yes / No NCC:Yes/No RM 3/5

To:

1.The Superintendent of Police O/o.The District Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police Thiruvengadam Police Station, Tenkasi District.

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

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DR.G.JAYACHANDRAN , J.

K.K.RAMAKRISHNAN, J.

RM ORDER MADE IN 10.02.2023 5/5