D.Latha, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE M.DHANDAPANI H.C.P.(MD) No.362 of 2019 D.Latha ` ... Petitioner vs.

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

2. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai Taluk, Sivagangai District.

3. Biyula Roothmari ... Respondents Prayer : Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body of the detenue/petitioner's son namely D.Dinesh Raja, aged about 18 years before this Court so as to set him at liberty. For Petitioner : Mr.M.Balakrishnan For Respondents : Mr.S.Chandrasekar, APP for RR1 and 2

O R D E R

(Order of the Court was made by M.DHANDAPANI, J) The petitioner is the mother of the detenu viz., D.Dinesh Raja, aged about 18 years, who was allegedly stated to be found missing. 2.The grievance of the petitioner is that she made a complaint on 14.02.2019 to the second respondent as if his son Dinesh Raja was missing and subsequently, she came to know that the 3rd respondent viz., Biyula Roothmari, D/o.Nesamani, aged about 20 years had abducted her son and now he is under the illegal custody of the 3rd respondent and hence, she has filed this present habeas corpus petition.

https://hcservices.ecourts.gov.in/hcservices/ 3.Considering the fact that the detenu is a major and he went along with the 3rd respondent, the question of illegal detention does not arise.

4.Accordingly, this Habeas Corpus Petition dismissed. However, liberty is granted to approach the Law Enforcing Agency for appropriate relief.

sd/ Vacation Officer /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai Taluk, Sivagangai District.

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

+1 CC to Mr.M.BALAKRISHNAN, Advocate ( SR-65294[F] dated 08/05/2019 ) H.C.P.(MD) No.362 of 2019 08.05.2019 arul MK/15.05.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/