Devaranjini, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2017
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR. JUSTICE P.VELMURUGAN H.C.P(MD)No.733 of 2017 Devaranjini : Petitioner Vs.
1. The Superintendent of Police, Trichy District, Trichy.
2. The Inspector of Police, Thuvakudi Police Station, Trichy District.
3.Appas Ali : Respondents This Habeas Corpus Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the person or body of the detenue namely Thanusha, daughter of Gananasekaran, aged 21 years before this Court and set her at liberty. For Petitioner : Mr.B.Anandan For Respondents : Mr.T.Mohan, A.P.P.for RR1 and 2 No Appearance for R3
ORDER
(Order of the Court was made by T.S.SIVAGNANAM) The petitioner, who is the mother of the detenue, has filed this habeas corpus petition, alleging that her daughter is missing and she has been taken away by the third respondent. 2.The learned Additional Public Prosecutor, on instructions, submitted that the petitioner's daughter had earlier eloped with the third respondent and married him by registering the same before the District Registrar Office, Tiruchirappalli on 07.08.2013, though, at the relevant time she was a minor. The https://hcservices.ecourts.gov.in/hcservices/
third respondent filed HCP (MD) No. 57 of 2014, before this Court stating that his wife was missing and in illegal custody of Gnanasekaran, who is none other than the husband of the petitioner and father of the detenue. The said Gnanasekaran was impleaded as 4th respondent in HCP (MD) No.57 of 2014 and a Division Bench passed an order dated 24.01.2014 and disposed of the matter by recording wish of the detenue as she was willing join her parents and subsequently on attaining majority as per her actual date of birth, she has gone away with the third respondent. 3.The above referred earlier round of litigation has not been disclosed in the present proceedings. Further more, the actual scenario stated above clearly reveals that there is no illegal custody of the detenue. Hence, this Habeas Corpus Petition is closed.
Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To
1. The Superintendent of Police, Trichy District, Trichy.
2. The Inspector of Police, Thuvakudi Police Station, Trichy District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.B.Anandan, Advocate Sr.No.59085 ARUL/DSK VB/KKR/SAR4/13.06.2017/2P/5C H.C.P(MD)No.733 of 2017 07.06.2017 https://hcservices.ecourts.gov.in/hcservices/