Madras High CourtHCP(MD)/177/2019closed

Seerangan, v. The Superintendent Of Police

2019-02-25Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.177 of 2019 Seerangan ... Petitioner -vs1.The Superintendent of Police Karur District, Karur 2.The Inspector of Police Thogaimalai Police Station Karur, Karur District 3.Maruthai ... 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 person or body of the detenue by name Priya, D/o.Seerangan, aged about 16 years, who is petitioner's minor daughter before this Court and handover the custody to the petitioner.

For Petitioner :

Mr.R.Murugappan For Respondents :

Mr.M.Chandrasekaran Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] Today, Mr.Ramasamy and Ms.Jeeva, Special Sub-Inspectors of Police, Thogaimalai Police Station, Karur District, are present.

2. It is the case of the petitioner that his minor daughter Priya was kidnapped on 27.01.2019 by one Maruthai (third respondent herein) and since there was no progress in the investigation, he has filed the present habeas corpus petition.

3. When the matter was taken up for hearing, Priya was produced before this Court.

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4. Learned Additional Public Prosecutor submitted that on the complaint lodged by the petitioner, the respondent - Police have registered a case in Crime No.37 of 2019, for the offence punishable under Section 366A I.P.C. and after arresting the third respondent, altered the F.I.R. by including Sections 3 and 4 of POCSO Act. The third respondent has been produced before the jurisdictional Magistrate for remand and Priya has been handed over to her parents.

5. In view of the above, the habeas corpus petition is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To:

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

2.The Inspector of Police, Thogaimalai Police Station, Karur, Karur District.

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

+1cc to Mr..R.Murugappan, Advocate, SR.No.50002 H.C.P.(MD) No.177 of 2019 25.02.2019 SP/13.03.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/