Madras High CourtHCP(MD)/320/2022closed

M.Selvaraj v. The Superintendent Of Police

2022-04-04Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

H.C.P.(MD) No.320 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.(MD) No.320 of 2022 M.Selvaraj ... Petitioner Vs.

1.The State represented by The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Devipattinam Police Station, Ramanthapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus, directing the 1st and 2nd Respondents to produce the person or body of the Petitioner's daughter namely, Minor "Sharmila", aged about 17 years, D/o. Selvaraj, before this Court and hand over to the custody to the petitioner.

For Petitioner : Mr.J.Vishnu For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The petitioner seeks production of his minor daughter Sharmila, aged 17 years.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. According to the petitioner, the detenue, who went to School on 24.02.2022, did not return back. A complaint was lodged and a case was registered as "Woman Missing" under Section 363 of IPC. Complaining inaction on the part of the respondent Police, the petitioner has moved this Court by way of this Habeas Corpus Petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.320 of 2022 4.

Mr.T.Senthil Kumar, learned Additional Public Prosecutor, upon instructions, would submit that the detenue was secured and it is a case of elopement. The boy has also been arrested and remanded to Judicial custody. The medical examination has been conducted and the reports are awaited.

5. In view of the fact that the detenue has been secured, this Habeas Corpus Petition is closed, with a direction to the respondent Police to continue the investigation. The detenue has expressed her willingness to go with her mother and hence, she was allowed to go with her mother.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) rm To:

1.The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Devipattinam Police Station, Ramanthapuram District.

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

H.C.P.(MD) No.320 of 2022 04.04.2022 PA(13.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2