T.Selva Roja v. The Superintendent Of Police
H.C.P.(MD) No.473 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.473 of 2021 T.Selva Roja ... Petitioner -vs1.The Superintendent of Police, Kanyakumari District At Nagercoil.
2.The Inspector of Police, Asaripallam Police Station, Kanyakumari District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents to produce the person or body of the detenue Antony Rose Ligishmi, daughter of Durai, aged about 18 years before this Court and set her liberty.
For Petitioner :
Mr.S.C.Herold Singh For R1 & R2 :
Mr.K.Dinesh Babu Additional Public Prosecutor
O R D E R
[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in this habeas corpus petition is to direct the respondents to produce the petitioner's daughter, namely, Antony Rose Ligishmi, aged about 18 years before this Court and set her at liberty.
2. The petitioner would state that she is blessed with two children and the detenue after completing her +2 got admission at Holy Cross College, Nagercoil in Kanyakumari District. On 15.03.2021 she had gone to college to attend the classes, but she did not come back and hence, she lodged a complaint with the second respondent and the same was registered in Cr.No.57 of 2021, but no action was taken, and hence, the present habeas corpus petition has been filed.
3. We have heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner and Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
H.C.P.(MD) No.473 of 2021 4.Today, when the matter is taken up hearing, the petitioner as well as the detenue appeared before this Court through Video Conferencing from the Public Prosecutor Office. On enquiry, the detenue would state that she is a major. On 15.03.2021 she went to Velankanni along with one Lijan and were staying in a Church for two days and thereafter they came to know that the petitioner has filed this case, she came back. She further stated that now she is residing with his friend Lijan and does not want to go with her mother, the petitioner herein.
5. In the light of the above statement of the detenue, we are of the opinion that nothing survives for consideration in this habeas corpus petition and hence, the same is dismissed. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :
(ii) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The Superintendent of Police, Kanyakumari District At Nagercoil.
2.The Inspector of Police, Asaripallam Police Station, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-14037[F] dated 29/03/2021 ) H.C.P.(MD) No.473 of 2021 26.03.2021 KMV(CO) KB(29.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2