Madras High CourtHCP(MD)/154/2017closed

Gomathi v. The Superintendent Of Police,

2017-02-06Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU HABEAS CORPUS PETITION(MD).No.154 of 2017 Gomathi : Petitioner Vs.

1. The Superintendent of Police, O/o. Superintendent of Police, Virudhunagar District.

2. The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

: Respondents 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 or person of Petitioners daughter Kanagasigamani D/o.Thirumalaikumar, aged about 17 years before this Court and hand over the custody to the Petitioner. For Petitioner : Mr.R.Venkatesan For Respondents : Mr.C.Ramesh Additional Public Prosecutor *******

O R D E R

*********** Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.

2. This Habeas Corpus Petition has been filed by the petitioner herein under article 226 of the Constitution of India seeking an order directing the respondents to produce the petitioner's daughter Kanagasigamani D/o.Thirumalaikumar, aged about 17 years and set her at liberty.

3.The petitioner is the mother of the detenue viz., Kanagasigamani aged abut 17 years and the detenue is studying first year Diploma in Civil Engineering at Ramco Polytechnic, Rajapalayam. The petitioner was working as a tailor in a private ready-made cloth shop. On 28.01.2017, she left for job and when she returned home, she found that her daughter was missing. Hence, https://hcservices.ecourts.gov.in/hcservices/

she lodged a complaint on 29.01.2017 before the second respondent police. Since no action was taken by the second respondent, the petitioner has filed the present Habeas Corpus Petition. 4.Today, when the matter is taken up for hearing, the detenue was produced before this Court and on enquiry, she said that as she is not interested in her studies, she left the house and stayed at his relative's house and now, she has expressed her willingness to go along with the petitioner.

5.In view of the submission made by the detenue, we are of the view that nothing could be adjudicated in the Habeas Corpus Petition and accordingly, the same is closed. Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To

1. The Superintendent of Police, O/o. Superintendent of Police, Virudhunagar District.

2. The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

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

Rj2 MKV-BS-/21.2.2017/2p-4c HCP(MD).No.154 of 2017 06.02.2017 https://hcservices.ecourts.gov.in/hcservices/