M.Lakshmi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI H.C.P.[MD].No.806 of 2018 M.Lakshmi : Petitioner Vs.
1. The Superintendent of Police, Pudukkottai District.
2. The Inspector of Police, Keeranoor Police Station, Pudukkottai District.
3.Nallu @ Nallan : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents herein to produce the body or person of petitioner's daughter - Lavanya, D/o.Mathialagan, aged about 17 years, before this Court and hand over the custody to the petitioner.
For Petitioner : Mr.V.Selva For Respondents 1&2 : Mr.V.Neelakandan Additional Public Prosecutor
ORDER
[Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the mother of the detenu, seeking a Writ of Habeas Corpus, directing the respondents herein to produce the body or person of the petitioner's daughter - Lavanya, D/o.Mathialagan, aged about 17 years, before this Court and hand over the custody to her.
2. According to the petitioner, the third respondent herein has kidnapped her daughter - Lavanya, on 13.05.2018. Since her whereabouts were not known, the petitioner made a complaint before the second respondent. As there were no effective steps taken by the second respondent police to trace out the detenu, the petitioner has come up with the present Habeas Corpus Petition. https://hcservices.ecourts.gov.in/hcservices/
3. Today, when the Habeas Corpus Petition was taken up for consideration, the second respondent police produced the detenu. When we enquired the detenu, she has stated that her date of birth is 23.10.2000 and she is aged about 18 years and since she was having love affair with the third respondent, on her own volition, she went out of the home along with him and married him in a temple. She has further stated that she is not in illegal custody and she is not willing to go along with her mother.
4. Since the detenu is not in illegal custody, in our considered view, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed. Sd/ Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Superintendent of Police, Pudukkottai District.
2.The Inspector of Police, Keeranoor Police Station, Pudukkottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
NB SS/RSK/SAR 4/19.12.2018/2P/4C ORDER MADE IN H.C.P.[MD].No.806 of 2018 20.11.2018 https://hcservices.ecourts.gov.in/hcservices/