Madras High CourtHCP(MD)/1770/2017closed

Sarojadevi, v. The Superintendent Of Police,

2017-12-21Honourable Mr Justice R.Subbiah,Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2017

CORAM

THE HON'BLE MR.JUSTICE R.SUBBIAH AND THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.C.P(MD)No.1770 of 2017 Saroja Devi

...Petitioner

-vs1. The Superintendent of Police, Dindigul District, District Collectorate, Dindigul.

2. The Inspector of Police, Sempatti Police Station, Dindigul District.

...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 and 2nd respondents to produce the body of my daughter namely Minor.Kaviyarasi, daughter of Tejiswaran, aged about 17 years, before this Court and set her daughter at liberty.

For Petitioner : M/s.K.Anna For R-1 & R-2 : Mr.C.Ramesh Additional Public Prosecutor.

O R D E R

(Order of the Court was made by R.SUBBIAH, J) The petitioner is the mother of the detenu, namely, Kaviyarasi, aged 17 years. It is averred in the affidavit filed in support of the petition that on 27.11.2017, the petitioner was informed by her brother that her daughter went missing from his house. Therefore, a complaint has been lodged on 02.11.2017 and a case has been registered in Crime No.385/2017 for 'girl missing'. Since no effective steps were taken, the petitioner is before this Court with this petition.

2. When the matter was taken for consideration today, the detenu has been produced by the respondent police. On enquiry, she has stated that she went along with one Saravanan on her own https://hcservices.ecourts.gov.in/hcservices/

volition and both of them got married at Sub Registrar Office, Nagalnaickanpatti on 27.02.2017. She has further stated that she was born on 30.05.1999 and she is a major and she produced the birth certificate.

3. We enquired the petitioner also, who has stated that the detenu born on 30.12.1999.

4. In view of the same, since the detenu has crossed the age of 18 and since she is not in the illegal custody of any one, this Court cannot entertain this Habeas Corpus Petition. Accordingly, this petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1. The Superintendent of Police, Dindigul District, District Collectorate, Dindigul.

2. The Inspector of Police, Sempatti Police Station, Dindigul District.

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

RR AE/SKN RSK/SAR4/23.01.2018/2P/4C H.C.P(MD)No.1770 of 2017 21.12.2017 https://hcservices.ecourts.gov.in/hcservices/