Madras High CourtHCP(MD)/682/2022closed

S.Ramar v. The Superintendent Of Police

2022-06-06Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

H.C.P.(MD) No.682 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI H.C.P.(MD) No.682 of 2022 S.Ramar ... Petitioner/ Father of the Detenu -vs1. The Superintendent of Police, Office of the Superintendent of Police, Madurai, Madurai District.

2. The Inspector of Police, Peraiyur 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 1 and 2 to produce the body or person of the detenue namely Aarthi, D/o.Ramar aged about 20 years, who has been missing and set her at liberty.

For Petitioner :

Mr.Gandiappan For Respondents :

Mr.T.Senthil Kumar, Additional Public Prosecutor

O R D E R

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the respondents 1 and 2 to produce the body or person of the petitioner's daughter viz., Aarthi, aged about 20 years, before this Court and set her at liberty.

2. It is the case of the petitioner that his daughter Aarthi, aged about 20 years, went missing from 31.03.2022 and that the police are not taking effective steps to secure her. Hence, the petitioner has filed the present habeas corpus petition with the above prayer.

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H.C.P.(MD) No.682 of 2022

3. Today, Mr.P.Murugesan (Mobile No.97896 43041), Special SubInspector of Police, Peraiyur Police Station, Madurai District, is present before this Court. On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Peraiyur Police Station Crime No.89 of 2022 has been registered on 06.04.2022 for 'woman missing' and during the course of investigation, it came to light that Aarthi was left with one Gopalakrishnan. However, Aarthi and Gopalakrishnan were secured and were brought to the Police Station on 03.05.2022 and an enquiry was conducted in the presence of the petitioner and the parents of Gopalakrishnan. Since Aarthi is aged about 20 years and not being a minor and further she stated that she had got married to Gopalakrishnan on 03.05.2022, the police recorded the same and sent her away.

4. In such view of the matter, it cannot be stated that Aarthi is in the illegal custody of the respondents herein for the issuance of a writ of habeas corpus.

5. Hence, this habeas corpus petition stands closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) pkn To:

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

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

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

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