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Madras High CourtHCP(MD)/79/2017closed

A.Easwari, v. The Superintendent Of Police,

2017-01-30Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.79 of 2017 A. Easwari : Petitioner Vs.

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

2.The Inspector of Police, Allinagaram Police Station, Theni District.

3.Venkatesh : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the 1st and 2nd respondents to produce the persons or bodies of the detenues namely Gowri aged about 31 years, Jeevadharsan aged about 9 years and Sanjay aged about 8 years, daughter and grandsons of the petitioner before this court and hand over their custody to the petitioner herein.

For Petitioner : Mr.P.R.Prithiviraj 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 mother of the detenu. It is stated in the affidavit that her daughter was given in marriage to one Veluchamy and out of the wedlock, they had two children, namely, Jeevadharsan, aged 9 years and Sanjay aged 8 years. While so, it is alleged that her daughter was found missing along with her children and in this regard a complaint has been lodged before the respondent police and a case has been registered in Crime No.7 of 2017 under Section 363 IPC and since no effective action was taken on her complaint, the petitioner is before this Court with this petition.

2. Today when the matter was taken up for consideration, the detenu were produced before this Court. On enquiry, she has stated that on her own volition, since she was having some depression, she left her matrimonial home. Now, she has stated that she is prepared to go along with the petitioner herein. https://hcservices.ecourts.gov.in/hcservices/

3. Recording the said submission, the Habeas Corpus Petition is closed, as nothing survives for adjudication. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Allinagaram Police Station, Theni District.

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

+1 cc to M/S.P.R.Prithiviraj, Advocate, SR.No:4966 rr sva/cm/msa/22.02.2017/2p/5c Order made in H.C.P.[MD].No.79 of 2017 Dated: 30.01.2017 https://hcservices.ecourts.gov.in/hcservices/