Dharmalingam v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P(MD)No.694 of 2018 Dharmalingam : Petitioner Vs.
1. The Superintendent of Police, O/o. District Superintendent of Police, Dindigul, Dindigul District.
2. The Inspector of Police, Natham Police Station, Dindigul District.
3.Thiyagarajan 4.Sundar 5.Saravanan 6.Dhanam 7.Karthikeyan : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the body or person of the petitioner's daughter namely Meenalochini, D/o.Dharmalingam, aged about 18 years old before this Court and set her at liberty. For Petitioner : Mr.M.Thirunavukkarasu For R.1 & R.2 : Mr.K.Dinesh Babu, Additional Public Prosecutor *****
O R D E R
(Order of the Court was made by M.SUNDAR, J.) This Habeas Corpus Petition has been filed for production of the petitioner's daughter, Meenalochini.
2. It is the case of the petitioner that Meenalochini (hereinafter referred to as 'detenue' for the sake of convenience and clarity) went missing from 11.05.2018. It is the specific case
of the petitioner that a complaint was lodged with the jurisdictional police on 11.05.2018 itself. Alleging delay in action, the instant Habeas Corpus Petition has been filed.
3. Today, the learned Additional Public Prosecutor appearing on behalf of respondents 1 & 2 submitted that detenue has been secured and detenue was produced before us.
4. Bench had a brief interaction with the detenue as well as the petitioner and his spouse.
5. The detenue submitted that she is married to the fourth respondent, namely, Sundar. It was categorically submitted by her that the marriage was on 04.05.2018 and the same was solemnized in a temple.
6. We are informed that the Date of Birth of the detenue is 24.04.2000. Therefore, as of today, the detenue is a major.
7. The fourth respondent, namely, Sundar was also present in Court.
8. The statement of fourth respondent and the statement made by the detenue are in tandem.
9. The detenue states that she would live with the fourth respondent and that her parents have not accepted the marriage.
10. Considering the fact that the detenue is a major as of today and as she has made it clear that her choice is to go with her spouse / fourth respondent, namely, Sundar, this being a Habeas Corpus Petition, nothing further survives in this petition.
11. The Habeas Corpus Petition is disposed of. No costs. Sd/- Vacation Officer(Crl side) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, O/o. District Superintendent of Police, Dindigul, Dindigul District.
2.The Inspector of Police, Natham Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 cc TO Mr.M.Thirunavukarasu , Advocate in SR No. 65473 gk AE/KKR/SAR1/30.05.2018/3P/5C ORDER MADE IN HCP(MD)NO. 694 OF 2018 16.05.2018