A.Sumathi, (Mother Of The v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P(MD)No.558 of 2019 A.Sumathi ... Petitioner Vs.
1.State rep. by its The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.
2.Sadiq Ali @ Sabi Ahamed
...Respondents
Prayer: Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents herein to produce the body or person of the petitioner's daughter "Keerthana" aged 21 years, D/o. Late Anandan before this Hon'ble Court and set her at liberty. For Petitioner : Mr.S.Ramasamy For 1st Respondent : Mr.K.Dinesh Babu Additional Public Prosecutor
O R D E R
(Order of the Court was made by M.SATHYANARAYANAN, J.) The petitioner is the mother of the detenue viz., Keerthana, aged about 21 years. According to the petitioner, her daughter has completed B.C.A. Degree and is in love with the second respondent and from 19.06.2019 early morning, she is missing and she has lodged a complaint before the first respondent, based on which a case in Crime No.357 of 2019 was registered for women missing. The petitioner, being the mother, is very much concerned about the safety, wellbeing and whereabouts of his daughter and hence, she came forward to file this Habeas Corpus Petition. 2.Mr.K.Dinesh Babu, learned Additional Public Prosecutor accepts notice on behalf of the 1st respondent would submit that even as per the averments made in the complaint, which forms part of the F.I.R., the daughter of the detenue was said to have been eloped with the second respondent.
3.In the light of the above submission, the first respondent is directed to conduct fair, proper and speedy investigation in the case in Crime No.357 of 2019 registered by him and as and when the detenue is traced, she shall be produced before the Court of https://hcservices.ecourts.gov.in/hcservices/
Judicial Magistrate No.1, Sivakasi for passing appropriate orders as to her custody and the petitioner shall be informed as to the progress made in the investigation. The Deputy Superintendent of Police, Sivakasi is also directed to monitor the investigation in Crime No.357 of 2019 and shall also give proper advice and guidance in that regard.
4.The Habeas Corpus Petition is disposed of with the above directions.
Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate No.I, Sivakasi, Virudhunagar District.
2.-do- Through: The Chief Judicial Magistrate, Virudhunagar District.
3.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.
4.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.S.RAMASAMY, Advocate SR-71971.
H.C.P(MD)No.558 of 2019 26.06.2019 CS: (09/07/2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/