Madras High CourtHCP(MD)/1406/2017dismissed

Radhika v. The Commissioner Of Police

2017-09-21Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR H.C.P(MD)No.1406 of 2017 Radhika

...Petitioner

-Vs.- 1.The State represented by the Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai.

3.Sakthi Vidiyal Home, Represented by its Executive Director, 21, Kennet Nagar, Muthupatti East, Madurai - 625 003.

4.Sivakami

...Respondents

Prayer: This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas Corpus, directing the 1st respondent and 2nd respondent to produce the person or body of the petitioner's minor daughter namely "Rajalakshmi" aged about 16 years before this Court and hand over the detenue to the petitioner.

For Petitioner : Mr.M.Sridharan For Respondents 1 & 2: Mr.T.Mohan Additional Public Prosecutor For R-3 & R-4 : No appearance

O R D E R

(Order of the Court was made by M.M.SUNDRESH, J) This Habeas Corpus Petition has been filed to direct the 1st respondent and 2nd respondent to produce the person or body of the petitioner's minor daughter namely "Rajalakshmi" aged about 16 years before this Court and hand over the detenue to the petitioner.

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2. A case has been registered against the husband of the petitioner.

3. From the report of the Child Welfare Committee, we are not inclined to allow the detenue, who is in the custody of the third respondent home, to be with the petitioner, despite the minor child's statement is that she is willing to go with her mother.

4. Since the paramount consideration of this Court is for the welfare of the child, we are of the view that till the investigation is over, the detenue could not be with the petitioner.

5. Accordingly, this habeas corpus petition stands dismissed. We also give liberty to the petitioner to file separate petition, if she is so advised, in the event of the investigation indicating that the alleged offence is not correct. We also permit the petitioner to visit the detenue in the third respondent home. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar.

To:

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, S.S.Colony Police Station, Madurai.

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

+1CC to Mr.M.Sridharan, Advocate, SR.No. 80226 H.C.P(MD)No.1406 of 2017 21.09.2017 sm AM/JC/SAR 1/05.10.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/