Madras High CourtHCP(MD)/1803/2017closed

V. Rasu v. The Superintendent

2018-01-09Honourable Mrs Justice T. Krishnavalli (Retd.) ,Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2018

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA AND THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI H.C.P.(MD)No.1803 of 2017 V.Rasu : Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Nagamallai Pudhukottai Police Station, Madurai District.

3.Pandi : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the first and second respondents to produce the detenu namely R.Divya D/o.V.Rasu, aged about 21 years or her body before this Court and set her at liberty.

For Petitioner : Mr.V.S.Kishok Kumar For Respondents : Mr.C.Ramesh 1 and 2 Additional Public Prosecutor

ORDER

[Order of the Court was made by S.VIMALA, J] The petitioner, who is the father of detenue, has moved this petition for a direction to the Respondent Nos.1 and 2 to produce his daughter, namely, Divya aged about 21 years before this Court and set her at liberty.

2. According to the petitioner, her daughter Divya, who went to College on 29.11.2017, has not returned home. At the time, when the detenue was allegedly missing, she has been studying first year B.Ed in Mangayarkarasi College, Paravai, Madurai Distirct and she is a major. Pursuant to which, the petitioner preferred a complaint to the respondent police on 30.11.2017 and a case has been registered in Crime No.883/2017 for 'woman missing' and since the whereabouts of her daughter was not known, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

3.The detenue is produced today by the respondent police and on enquiry, she had stated that she married the third respondent, namely, Pandi. The third respondent was also produced before this Court, who has also confirmed the marriage. The petitioner is also present before this Court.

4. Considering the fact that the detenue, namely, Divya has attained majority and that she married the third respondent, she is set at liberty to act as per her own wish.

5. The Habeas Corpus Petition stands disposed of accordingly. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Nagamallai Pudhukottai Police Station, Madurai District.

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

+1cc to M/S.V.S.Kishok Kumar, Advocate SR.No. 41154 Order made in H.C.P.(MD)No.1803 of 2017 Dated: 09.01.2018 RMI/RR JM/SKN RSK/SAR 2/30.01.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/