L.Selvan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P.[MD].No.1178 of 2017 L.Selvam : Petitioner Vs.

1. The Superintendent of Police, Office of District Police Superintendent, Thanjavur.

2. The Inspector of Police, Thirupanandhal Police Station, Kumbakonam District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body of the detenu namely Jamuna Rani, daughter of Selvam, the petitioner herein and Wife of Prabakaran, aged about 28 years before this Court and set her at liberty. For Petitioner : Mr.M.Malayalam For Respondents : Mr.A.Ramar Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] This Habeas Corpus Petition is filed by the petitioner seeking a direction to the respondents to produce the body of detenu, namely, Jamuna Rani, daughter of Selvam, petitioner herein and Wife of Prabakaran, aged about 28 years before this Court and set her at liberty.

2. The detenu is the daughter of the petitioner, who is aged about 28 years. The petitioner filed this petition by stating that the petitioner is having two sons and two daughters. The detenu viz., Jamuna Rani is the second daughter of the petitioner. After marriage, she is residing along with her husband. While so, on 28.06.2017, she came to the petitioner's house with her children. On that day, at about 10.00 p.m., she informed him that she wants to go out for some purchase and thereafter, she did not return to the petitioner's home. Hence, the petitioner went to her husband's house and enquired about his daughter's whereabouts. However, he https://hcservices.ecourts.gov.in/hcservices/

did not answer properly. Since the detenu is in mental stress because of her husband, the petitioner suspected that there may be a chance that somebody would have kidnapped her. Hence, the petitioner lodged a complaint before the respondent police. Since, no action has been taken up, the petitioner is before this Court with the above petition.

3. Today, when the matter was taken up for consideration, the detenu was present before us. When we enquired the detenu, she had stated that due to the misunderstanding with her husband, she went to Tiruppur and is working in a private company and she has stayed in a Women's hostel. In fact her husband and children are also residing at Tiruppur. Now, she has also expressed her willingness to join with her husband and children. When we enquired the father of the detenu, he has no objection for joining of the detenu with her husband and children.

4. In view of the statement given by the detenu, we are of the view that nothing survives for adjudication in this Petition. Hence, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Office of District Police Superintendent, Thanjavur.

2. The Inspector of Police, Thirupanandhal Police Station, Kumbakonam District.

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

+1cc to Mr.M.Malayalam, Advocate Sr.No.82385 GSP/SSL VB/KK/SAR3/26/10/2017/2P/5C ORDER MADE IN H.C.P.[MD].No.1178 of 2017 11.10.2017 https://hcservices.ecourts.gov.in/hcservices/