Madras High CourtHCP(MD)/178/2017closed

P.Jeeva v. Commissioner Of Police,

2017-02-15Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.178 of 2017 P.Jeeva : Petitioner Vs.

1.State Represented by, Commissioner of Police, Madurai, Madurai District.

2.State Represented by, The Inspector of Police, C2, Subramaniapuram Police Station, Madurai 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 secure the petitioner's granddaughter by name Jeniffer, aged about 13 years and to produce the detenue before this Court and hand over custody to the petitioner.

For Petitioner : Mr.J.Senthil Kumar For Respondents : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] Seeking production of the detenue namely Jeniffer, aged about 13 years, the petitioner, who is none other than the grandmother of the detenue, has filed the present Habeas Corpus Petition

2. It is averred in the affidavit filed in support of the petition that in the year 1998, the marriage was solemnized between the petitioner's daughter and one Daniel Jesudass and due to their wedlock, two children were born, namely Samuvel and Jeniffer. The detenue was living with the petitioner. While so, her daughter took the custody of the detenue forcibly and hence, the petitioner made a complaint on 18.08.2016. Since the whereabouts of the detenue was not known, the petitioner has come forward with the present petition.

3. Today when the matter was taken up for consideration, the detenue along with her mother appeared before this Court. The petitioner was not present. When we enquired the detenue, she told us that she is staying only along with her mother. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the submission made by the detenue, we find that there is no illegal detention. Therefore, this Habeas Corpus Petition is closed as nothing survives for adjudication. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To 1.The Commissioner of Police, Madurai, Madurai District.

2.The Inspector of Police, C2, Subramaniapuram Police Station, Madurai District.

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

+1 cc to MR.J.Senthil Kumar, ADVOCATE, SR NO:8536 Order made in H.C.P.[MD].No.178 of 2017 Dated: 15.02.2017 SML SVA/MR/28.02.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/