P.Mahalakshmi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.218 of 2023 P.Mahalakshmi ... Petitioner / Mother of the Detenue Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.
2.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar.
3.Ramachandran
...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 body or person of the detenue by name Thavapriya, D/o.Pandian, aged about 17 years before this Court and hand over her custody to the petitioner. 1/5
For Petitioner : Mr.R.Prakash For R1 & R2 : Mr.RMS.Sethuraman, Additional Public Prosecutor
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.) The petitioner, seeking production of her daughter, namely, Thavapriya, aged about 17 years, has filed this Habeas Corpus Petition. 2.Today, the detenue girl, namely, Thavapriya, has been produced before this Court by the respondent Police.
3.The detenue has stated that her date of birth is 03.05.2006. Therefore, still she is minor. However, she left the parental home sometime in February, 2023 along with one Ramachandran, who belongs to the same place / 3rd respondent with whom, according to the detenue, she had gone to two different places at Andra Pradhesh, finally come to Tiruppur. 2/5
4.Even though in the meantime, it was claimed that the said boy married this detenue girl, based on which though a First Information Report has been registered on 12.04.2023 by altering the Section from 'Girl Missing' to Section 9 of Child Marriage Act and 5(1) r/w 6 of POCSO Act 2012 and the investigation is on, the detenue girl would further submit that now, she realized that the case has been filed ie., the present Habeas Corpus Petition by the mother of the detenue and now, she wants to go with the petitioner ie., the mother of the detenue.
5.Recording the said statement made by the detenue, we feel that since the detenue is a minor girl, she must be allowed to go along with the petitioner, who is the mother and natural guardian of the detenue and therefore, she is permitted to go with the petitioner. 6.Insofar as the First Information Report registered against the boy, namely, Ramachandran / 3rd respondent herein under the aforestated provisions of law, dated 12.04.2023 as stated by the respondent Police is concerned, let the investigation go on and it should reach its logical conclusion, according to the law, which is in force. 3/5
7.With this observation, this Habeas Corpus Petition is closed. (R.S.K., J.) & (K.K.R.K, J.) 17.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.
2.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
R.SURESH KUMAR, J.
AND K.K.RAMAKRISHNAN, J.
MYR H.C.P.(MD)No.218 of 2023 17.04.2023 5/5