M. Nagarajan v. The Supereindent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2016
CORAM:
THE HONOURABLE MR.JUSTICE P.R.SHIVAKUMAR AND THE HONOURABLE MR.JUSTICE V.S.RAVI H.C.P.(MD)No.1491 of 2015 M.Nagarajan .. Petitioner Vs.
1.The Superintendent of Police, Theni District, Theni.
2.The Inspector of Police, P.C. Patti Police Station, Theni District.
3.Pratap .. Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus to direct the second respondent herein to produce the person or body of the detenu Viz., Swathi D/o.Nagarajan, aged about 19 years before this Court and set her at liberty.
For Petitioner : Mr.I.Suthakaran For Respondents 1&2 : Mr.R.Ramachandran, Additional Public Prosecutor For 3rd respondent : No appearance
ORDER
[Order of the Court was made by V.S.RAVI, J] Though this case stands adjourned to 20.01.2016, since the alleged detenu is produced before this Court, and as requested by the learned counsel for the petitioner and also the learned Additional Public Prosecutor, the hearing is advanced and the Habeas Corpus Petition is taken up for hearing.
2. This is an application filed by the petitioner - Mr.M.Nagarajan to produce his daughter viz., Swathi, aged about 19 years. It is stated in the affidavit filed in support of petition that the detenu has found to be missing from 03.10.2015 and the petitioner has given a complaint to the second respondent on 04.10.2015. In fact, along with the typed set, the petitioner has enclosed a copy of the complaint submitted to the second respondent.
3.Today, the second respondent has produced the detenu by name Swathi. The petitioner is also present in the Court along with his wife - Mrs.Jeyarani. The petitioner identified the detenu. On enquiry, the detenu - Swathi has categorically stated in the open Court that she is doing final year B.Sc. MLT at Saveetha Medical College, Poonemelli, https://hcservices.ecourts.gov.in/hcservices/
Chennai and both the detenu and the third respondent - Mr.Pratap married on 02.10.2015 and also registered at Beach Station Sub-Registrar Office at Chennai. Further the detenu asserted that no one illegally detained her or harassed her. The above statement of the detenu is recorded. The detenu, being a major, is permitted to go, as she pleases. 4.The Habeas Corpus Petition is, accordingly, disposed of sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni District, Theni. 2.The Inspector of Police, P.C. Patti Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+one cc to Mr.I.Suthakaran, Advocate in SR.No.1945 Order made in H.C.P.(MD)No.1491 of 2015 11.01.2016 gcg CSL/PM-MP/03.02.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/