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Madras High CourtHCP(MD)/189/2025dismissed

S.Maheswari v. The State Of Tamil Nadu

2025-04-08Honourable Dr Justice G. Jayachandran,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2025

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HON'BLE MS.JUSTICE R.POORNIMA H.C.P(MD)No.189 of 2025 S.Maheswari ... Petitioner Vs 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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

3.Muthuraja ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to direct the 1st and 2nd Respondents to produce the person or body of the detenue namely, Poojasree, D/o. petitioner (S.Maheswari) aged 18 years before this Court and set her at liberty. For Petitioner : Mr.S.Pugalendhi For R1 and R2 : Mr.A.Thiruvadikumar Additional Public Prosecutor ***** 1/4

ORDER

The mother of a 19 years old girl is before this Court for production of her daughter, who had gone missing. 2.According to the petitioner, her daughter suspected to have been eloped with one Muthuraja, who is the third respondent herein. Her complaint to the second respondent registered in Cr.No.46 of 2025 on 18.02.2025 did not yield any result. Hence, the present Writ of Habeas Corpus Petition.

3.The second respondent has secured the girl and produced before this Court. The daughter of the petitioner states that she has married the said Muthuraja/third respondent, who is a Painter by profession and living with him in Pollachi, whereas, the petitioner, mother of the girl, states that the said Muthuraja/third respondent is a person of bad antecedents having one murder case and few more cases of grievous offences. When this was enquired with the daughter of the petitioner, she states that she is aware of the fact and that she is in love with the said Muthuraja/third respondent.

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4.Since the girl is the major and she decided her life, this Court cannot compel her to join with her mother, the petitioner. hence, the Habeas Corpus Petition is dismissed.

(G.J., J.) (R.P., J.) 08.04.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No cmr To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

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

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DR.G.

JAYACHANDRAN , J.

and R.POORNIMA, J.

cmr 08.04.2025 4/4