A.Rajammal, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2019
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.444 of 2019 A.Rajammal ... Petitioner Vs.
1.The Superintendent of Police, Virudhunagar, Virudhunagar District.
2.The Deputy Superintendent of Police, Sattur Division, Virudhunagar District.
3.The Inspector of Police, Vembakottai Police Station, Virudhunagar District.
4.K.Vairaraj 5.Kaliyappan Velalar ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the third respondent to produce the person or body of the detenu, the petitioner's daughter namely, Alagumeena, D/o K.Ayyachamy, aged 23 years before this Court and set her at liberty. For Petitioner : Mr.M.Solaisamy For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor for R.1 to R.3
ORDER
(Order of the Court was made by M.SATHYANARAYANAN,J) The petitioner is the mother of the detenu, viz., Alagumeena, aged about 23 years and alleging her illegal custody and detention at the hands of the private respondents, came forward to file this Habeas Corpus Petition.
2. The third respondent, on the basis of the complaint given by the petitioner, registered a case in Cr.No.167 of 2019 for "Woman missing".
https://hcservices.ecourts.gov.in/hcservices/
3. The learned Counsel appearing for the petitioner would submit that though the petitioner's daughter eloped with the fourth respondent, at the instance of the parents of the fourth respondent, his daughter is likely to be deserted and hearing about the said fact, the petitioner, being a mother, apprehending safety, whereabouts and well being of her daughter, is constrained to approach this Court by filing this Habeas Corpus Petition.
4. Mr.K.Dinesh Babu, learned Additional Public Prosecutor, appearing for the State would submit that the fourth respondent as well as the detenu lodged a complaint stating about their relationship and the complaints lodged by their parents, before the jurisdictional Superintendent of Police, which was forwarded to the All Women Police Station, Sattur and the parents of the detenu as well as the fourth respondent were also present on 15.04.2019 and gave statements.
5. It is the further submission of the learned Additional Public Prosecutor that the detenu is well educated and on her own volition, went with the fourth respondent and both of them got married at Coimbatore and therefore, further action has been dropped.
6. In the light of the above facts and circumstances, it cannot be stated that the detenu is under the illegal custody and detention at the hands of the private respondents.
7. In view of the above said development, nothing survives for further adjudication in this Habeas Corpus Petition and therefore, the same is closed.
Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.
2.The Deputy Superintendent of Police, Sattur Division, Virudhunagar District.
3.The Inspector of Police, Vembakottai Police Station, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +One cc to Mr.M.Solaisamy, Advocate, SR.No.73537 H.C.P(MD)No.444 of 2019 03.07.2019 ssl RL/18.07.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/