Murugadoss v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Murugadoss ... Petitioner -vs1.The Superintendent of Police Trichy District 2.The Inspector of Police Thiruverambur Police Station Trichy District 3.Mohammed Noor ... 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 person or body of the petitioner's daughter, namely, Geethapriya, aged about 26 years, before this Court and set her at liberty.

For Petitioner :

Mr.R.Rajaraman For Respondents :

Mr.RMS.Sethuraman Additional Public Prosecutor for R1 & R2 Mr.A.Arul Jenifer for R3

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents 1 and 2 to secure his daughter, namely, Geethapriya, aged about 26 years, produce her before this Court and set her at liberty.

2. It is the case of the petitioner that his daughter Geethapriya was given in marriage to one Gunasekaran on 17.08.2016 and out of the wedlock, a male child was born to them on 07.08.2018. In these circumstances, she went missing from 19.03.2024. On enquiry, he came to know that the third respondent has kept her in his illegal custody. Hence, he lodged a complaint before the respondent - Police. Though it has been taken on file in C.S.R.No.236 of 2024, no effective steps were taken by the

respondent - Police to secure the petitioner's daughter from the illegal custody of the third respondent. Hence, the present habeas corpus petition.

3. The second respondent has filed a status report, dated 15.04.2024, indicating the steps that are taken sofar by them.

4. Learned Additional Public Prosecutor appearing for the respondent - Police, on instructions, would submit that based on the complaint given by the petitioner's son-in-law, a case in Crime No.128 of 2024 for woman missing has been registered on 30.03.2024. During investigation, the husband of the detenue had informed that the third respondent was having a love affair with the detenue from her school days. Further, it also reveals that the petitioner's son was working in the third respondent's shop for six months and the petitioner had also borrowed a sum of Rs.2,00,000/- from the third respondent, due to which there were some financial disputes between them and later, the amount was repaid. He would further submit that the respondent - Police are continuing with the investigation and as and when the detenue is secured or her whereabouts is located, the same will be intimated to the petitioner.

5. In view of the above submission of the learned Additional Public Prosecutor, this habeas corpus petition is closed with a direction to the respondent Police to continue with the investigation in accordance with law and as and when the detenue is secured or her whereabouts is identified, the same shall be intimated to the petitioner forthwith. [A.D.J.C., J.] [K.R.S., J.] 26.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Superintendent of Police, Trichy District.

2.The Inspector of Police, Thiruverambur Police Station, Trichy District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 26.06.2024