K.Thangapandi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2024

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR K.Thangapandi .. Petitioner / Father of Detenue Vs.

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

2.The Inspector of Police, Sindupatti Police Station, Madurai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondents to produce the petitioner's detenue daughter namely 'XXX' D/o.Thangapandi aged about 16 years 8 months old or her body before this Court and to hand over to the petitioner based on the FIR in Crime No.63/2024 dated 22.03.2024 along with the petitioner's representation dated 31.03.2024 within stipulated time framed and to fixed by this Court.

For Petitioner : Mr.D.Sivaprakash For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) The Habeas Corpus Petition is filed by the father of the alleged detenue seeking production of his minor daughter before this Court.

2. The case of the petitioner is that his minor daughter 'xxx', aged about 16 years, had gone to school on 22.03.2024 and did not return to home and that he had given a complaint to the respondent Police on the same day. Despite registration of the case in Crime No.63 of 2024 for girl missing, no further steps had been taken and thereby, the present Habeas Corpus Petition has been filed.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that based on the complaint given by the petitioner, a case in Crime No.63 of 2024 was registered under the caption "girl missing". He would submit

that during the course of investigation, it came to light that the minor victim girl was abducted by one Dhanush, aged about 21 years. He would further submit that the said Dhanush and the victim girl have been secured from Kodaikanal by the respondent Police and that information is given by Mr.G.Vijayagandeepan, Inspector of Police, Thirumangalam Taluk. He would also submit that since the detenue is in transit, the respondents are taking steps to produce her before the Child Welfare Committee, Madurai District and proceedings would be initiated in accordance with law.

4. In view of the above submission, the second respondent is directed to produce the victim minor girl before the Child Welfare Committee, Madurai District and the petitioner is directed to approach the Child Welfare Committee for further relief in accordance with Chapter 6 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Accordingly, the Habeas Corpus Petition stands closed.

(A.D.J.C.,J.) (K.R.S.,J.) 15.04.2024 NCC : Yes / No Index : Yes / No Lm

To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Sindupatti Police Station, Madurai District.

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

A.D.JAGADISH CHANDIRA,J.

and K.RAJASEKAR,J.

Lm 15.04.2024