B.Sardhar v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P(MD)No.1099 of 2015 B.Sardhar .. Petitioner Vs.

1.The Superintendent of Police, Pudukottai, Pudukottai District.

2.The Inspector of Police Aranthangi Police Station, Aranthangi, Pudukottai District.

3.Manikandan 4.Selvaraj 5.Vijaya .. Respondents Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the person or body of petitioner's daughter namely, Surathnisha, aged about 18 years before this Court and set her at liberty from the illegal custody of the respondents 3 to 5. For Petitioner : Mr.G.Mathavan For Respondents : Mr.K.S.Durai Pandian Addl.Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the father of one Surathnisha, aged about 18 years. It is alleged that she has been found missing from 29.06.2015. Therefore, he is before this Court with this petition. 2.Today, when the matter was taken up, the learned Additional Public Prosecutor submitted that in respect of the missing of Ms.Surathnisha, a case has been registered in Crime No.325 of 2015 on the file of the 2nd respondent under Sections 448 and 366 IPC and the same is under investigation. During investigation, it has come to light that on earlier occasion, Ms.Surathnisha had eloped with the third respondent herein. In connection with the same, a complaint was made. During the course of enquiry, she was rescued and handed over to the petitioner. It is the 2nd elopement.

3.Having regard to the above facts, we find that there is no scope to keep the Habeas Corpus Petition pending, as there is no illegal https://hcservices.ecourts.gov.in/hcservices/

detention and the investigation is also taken in a right direction. Accordingly, the Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar-RTI /TRUE COPY/ Sub Assistant Registrar RR To 1.The Superintendent of Police, Pudukottai, Pudukottai District.

2.The Inspector of Police Aranthangi Police Station, Aranthangi, Pudukottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 cc to MR.G.Mathavan, Advocate, sr no.47308 JAM/SKS-RR-SAR-PA/8.9.15/2P-5C ORDER MADE IN H.C.P(MD)No.1099 of 2015 18.08.2015 https://hcservices.ecourts.gov.in/hcservices/