Madras High CourtHCP(MD)/62/2017closed

Thirunavukkarasu, v. The Superintendent Of Police,

2017-01-12Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.62 of 2017 Thirunavukkarasu : Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Aathanakottai Police Station, Aathanakottai, Pudukkottai District.

3. Rajkumar : Respondents 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 detenue, namely Abinaya, Daughter of Thirunavukkarasu, aged about 20 years before this Court and set her at liberty.

For Petitioner : Mr.T.Vadivelan For Respondents 1&2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

[Order of the Court was made by R.SUBBIAH, J.] The petitioner is the father of the detenue - Abinaya, aged about 20 years. He has filed the present Habeas Corpus Petition stating that his daughter was found missing from 24.12.2016 onwards and in this regard, he made a complaint to the second respondent on 27.12.2016 and on receipt of the same, the second respondent issued a receipt in CSR.No.13 of 2016. Since no effective steps were taken to trace out the detenue, he filed the present Habeas Corpus Petition.

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2. Today, when the matter was taken up for consideration, the

second respondent produced the detenue before this Court. When we enquired the detenue, she told us that the third respondent is her aunt's son and she voluntarily went along with him and both of them got married. The petitioner is not present, but the mother of the detenue is present in Court today and she says that she is not willing to take the detenue along with her. On our further enquiry, the detenue told that she is willing to go only along with the third respondent.

3. Therefore, recording the submission made by the detenue, since the detenue is a major, aged about 20 years, the Habeas Corpus Petition is closed, leaving it open for the detenue to chooser her own way of life.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District, Pudukkottai.

2. The Inspector of Police, Aathanakottai Police Station, Aathanakottai, Pudukkottai District.

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

SML TE/SV-MMS : 03/02/2017 : 2P/4C Order made in H.C.P.[MD].No.62 of 2017 Dated: 12.01.2017 https://hcservices.ecourts.gov.in/hcservices/