Madras High CourtHCP(MD)/322/2017closed

Mathaar Mydeen v. The Commissioner Of Police

2017-03-03Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.322 of 2017 Mathaar Mydeen : Petitioner Vs.

1)State rep. by The Commissioner of Police, Tirunelveli District.

2)The Inspector of Police, Thatchanallur Police Station, Tirunelveli District.

: Respondent PRAYER: 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 the detenu, namely, Mydeen Meeral, aged about 18 years, before this Court and set her at liberty.

For Petitioner : Mr.D.Anbarasu, For Respondents : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] The present Habeas Corpus Petition has been filed by the father of the detenu, seeking a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenu, namely, Mydeen Meeral, aged about 18 years, before this Court and set her at liberty.

2. According to the petitioner, his daughter, Mydeen Meeral, was found missing from 22.01.2016, onwards. In this regard, the petitioner made a complaint before the second respondent. On receipt of the said complaint, the second respondent police registered a case in Crime No.41 of 2016. Since there were no effective steps taken by the second respondent police to trace out the detenu, the petitioner has come up with the present Habeas Corpus Petition.

https://hcservices.ecourts.gov.in/hcservices/

3. Today, when the Habeas Corpus Petition was taken up for consideration, the second respondent police produced the detenu. On enquiry, she has stated that she is aged about 18 years and as his father was frequently scolding her, she went out of the home, on her own volition and went to Chennai, where she has been working. She has further stated that she is not in illegal custody. She has also stated that now she wants to go along with her father.

4. In view of the above, since the detenu is not in illegal custody, in our considered view, nothing survives for adjudication in the Habeas Corpus Petition. Hence, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1)The Commissioner of Police, Tirunelveli District.

2)The Inspector of Police, Thatchanallur Police Station, Tirunelveli District.

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

+1cc to Mr.D.Anbarasu, Advocate Sr.No. 12550 NB AE/MR/09.03.2017/2P/5C ORDER MADE IN H.C.P.[MD].No.322 of 2017 03.03.2017 https://hcservices.ecourts.gov.in/hcservices/