Paramasivam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE M.S.RAMESH H.C.P.[MD].No.223 of 2017 Paramasivam : Petitioner Vs.

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

2. The Inspector of Police, Y.Othakadai Police Station, Melur Taluk,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 herein to produce the body or person of the detenue, the petitioner's daughter Priya, D/o.Paramasivam, aged about 24 years, before this Court and set her at liberty.

For Petitioner : Mr.A.S.Rajeswari 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-Priya, D/o.Paramasivam, aged about 24 years, the petitioner, who is the father of the detenue, has filed the present Habeas Corpus Petition.

2. In the affidavit filed in support of the petition, it is averred that the detenue was given in marriage with one Sudhakaran @ Saravanakumar on 08.09.2016. While so, on 25.01.2017, the detenue was found missing. In this regard, the husband of the detenue lodged a complaint on 26.01.2017 and the same was registered in Crime No.50 of 2017 as 'woman missing'. Since the whereabouts of the detenue was not known, another complaint was given on 08.02.2017. However, no action was taken, so far, to secure the detenue. Hence, the petitioner is before this Court with the present petition.

3. Today, when the matter was taken up for consideration, the detenue was produced before us. When we enquired the detenue, she had stated that since she was in depression mood, she went, on his own volition, to Chennai and stayed in a Girls Hostel. Further, she expressed her willingness to go along with her father, the https://hcservices.ecourts.gov.in/hcservices/

petitioner herein. On our further enquiry, she made as assertive statement that she is not in illegal custody of anybody.

4. In view of the submission made by the detenue, since there is no illegal detention, the Habeas Corpus Petition is closed as nothing survives for adjudication.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police, Y.Othakadai Police Station, Melur Taluk,Madurai District.

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

Order made in H.C.P.[MD].No.223 of 2017 Dated: 02.03.2017 JM/KP/SAR 4/20.04.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/