Madras High CourtHCP(MD)/408/2024closed

Andal Ammal v. The Superintendent Of Police

2024-04-01Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2024

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA AND THE HON'BLE MR JUSTICE K.RAJASEKAR H.C.P.(MD)No.408 of 2024 Andal Ammal .. Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District 2.The Inspector of Police, Idayakottai Police Station, Dindigul District 3.Periyasamy .. Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to direct the respondent Nos.1 and 2 to produce the person or body of the detenu by name Naveena, D/o.Raja, female aged 14 years before this Court and hand over the custody to the petitioner.

For Petitioner : Mr.P.Sivachandar For Respondents : Mr.RMS.Sethuraman for R1 & R2 Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) This petition has been filed to secure and produce the detenue, viz., Naveena, who is stated to have been missing from 23.03.2024. A complaint came to be lodged by the petitioner herein on 26.03.2024. Since no action was taken on the said complaint, the petitioner is before this Court. 2.The learned Additional Public Prosecutor would submit that the victim girl is 14 years and that the third respondent had kidnapped her and subjected her to sexual harassment. He would further submit that the girl has been secured and a case has been registered in Crime No.24/2024 and the third respondent was arrested and remanded to judicial custody. He would further submit that the investigation is pending and the girl has to be subjected for medical examination and her statement is to be recorded under Section 164 Cr.P.C., and thereafter, the girl will be produced before the

Child Welfare Committee. The said submission is recorded.

3. In view of the said submission, the Habeas Corpus Petition is closed with a direction to the petitioner to approach the Child Welfare Committee seeking custody.

(A.D.J.C.,J.) (K.R.S,J.) 01.04.2024 NCC :Yes / No Internet : Yes RR To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District 2.The Inspector of Police, Idayakottai Police Station, Dindigul District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

A.D.JAGADISH CHANDIRA, J.

and K.RAJASEKAR,J.

RR H.C.P.(MD)No.408 of 2024 01.04.2024