J.Chandra v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.67 of 2017 J.Chandra : Petitioner Vs.

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

2.The Inspector of Police, Kabisthalam Police Station, Kabisthalam, Thanjavur District.

(Crime No.433/2016) : 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 detenue, namely Jamuna Rani, aged 27 years, W/o.Dharmaraj, whose whereabouts is not known before this Court and set her at liberty.

For Petitioner : Mr.A.Thiruvadikumar 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 petitioner is the mother of the detenue - Jamuna Rani, aged about 27 years. She has filed the present Habeas Corpus Petition stating that the detenue was given in marriage to one Dharmaraj, who is none other than the blood brother of the petitioner, on 20.01.2008. While so, from 28.11.2016 onwards, the detenue was found missing and in this regard, the petitioner lodged a complaint to the second respondent and the same was registered in Crime No.433 of 2016 for 'woman missing'. Though the First Information Report was registered as early as on 03.12.2016, no effective steps were taken to trace out the detenue so far. Hence, she has come up with the present petition. https://hcservices.ecourts.gov.in/hcservices/

2. Today when the matter was taken up for consideration, the second respondent produced the detenue before this Court. On our enquiry, she told that she was not willing to marry the said Dharmaraj and out of compulsion, she married him and hence, she left the house on her own volition and presently, she is staying in her friend's house. She also ascertained that she is not in illegal custody of anybody.

3. In view of the submission made by the detenue, since the detenue is not in illegal custody of anybody, we close the Habeas Corpus Petition, as nothing survives for adjudication. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Kabisthalam Police Station, Kabisthalam, Thanjavur District.

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

+1 cc to MR.A.THIRUVADIKUMAR, Advocate SR.No.4643 Order made in H.C.P.[MD].No.67 of 2017 Dated: 27.01.2017 AE/MR-VB/09.02.2017:2P/5C https://hcservices.ecourts.gov.in/hcservices/