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Madras High CourtHCP(MD)/671/2018closed

M.Jeevarathinam v. The Superintendent Of Police

2018-05-23Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.05.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.SURESH KUMAR H.C.P(MD)No.671 of 2018 M.Jeevarathinam .. Petitioner Vs.

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

2. The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the first and second respondents to produce either the person or Corpus of the petitioner's daughter / detenu namely, Sundareshwari, aged 19 years old, D/o.Late.Mani, before this Court and set her at liberty.

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) This petition has been filed by the petitioner to produce the detenu, who claims to be her daughter.

2. According to the petitioner, she is the mother of the detenu, Sundareshwari, aged about 19 years. On 04.05.2018, at 11.00 A.M. some unidentified persons came in a car and forcibly abducted the detenu in the car and she was not able to trace her. Finally, the petitioner lodged a complaint before the respondent https://hcservices.ecourts.gov.in/hcservices/

police on 04.05.2018. Since no effective steps were taken by the respondent police to trace out the detenu, the petitioner has come up with the present Habeas Corpus Petition.

3. Today, when the Habeas Corpus Petition was taken up for consideration, the respondent police produced the detenu. When we enquired the detenu, she has stated that on her own will and volition, she went along with one Kothandam and married him on 17.05.2018. She has further stated that she is not in illegal custody and she also expressed her willingness to go along with her husband namely, Kothandam.

4. In view of the above, since the detenu is not in illegal custody and also as she is a major as of today, in our considered view, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

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

RM/STS AE/SB/SAR3/19.06.2018/2P/4C ORDER MADE IN H.C.P(MD)No.671 of 2018 23.05.2018 https://hcservices.ecourts.gov.in/hcservices/