Madras High CourtHCP(MD)/497/2022dismissed

K.Vijayalakshmi v. The Superintendent Of Police

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

H.C.P.(MD) No.497 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.497 of 2022 K.Vijayalakshmi ... Petitioner Vs.

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

2. The Inspector of Police, V.Pudur Police Station, Thoothukudi District.

3. Karuppasamy ... 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 petitioner's minor daughter namely Shanmugapriya, D/o. Late.Gothandaraman aged 17 years, before this Court and hand over the custody of the petitioner.

For Petitioner : Mr.M.Prabu For Respondents 1 & 2 : 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 her minor daughter Shanmugapriya, 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, her minor daughter went missing on 13.03.2022. She suspects that the third respondent, who is a neighbour is having the illegal custody of her minor daughter. The date of birth of the detenue is 11.04.2004. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.497 of 2022 4.

Mr.T.Senthil Kumar, learned Additional Public Prosecutor, upon instructions, would submit that it is a case of love affair and the detenue has eloped with the third respondent with an intention to marry him.

5. Considering the fact that the detenue is almost a major, we direct the respondent Police to continue the investigation and produce the detenue before the Jurisdictional Magistrate upon securing her. Therefore, this Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) rm To 1.The Chief Judicial Magistrate, Vilathikulam, Thoothukudi District.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3. The Inspector of Police, V.Pudur Police Station, Thoothukudi District.

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

H.C.P.(MD) No.497 of 2022 04.04.2022 PA(13.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2