Murugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI H.C.P(MD)No.1534 of 2018 Murugan : Petitioner Vs.

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

2. The Inspector of Police, Lalapettai Police Station, Karur District.

3.Vairamoorthy : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the person or body of detenue, namely Sasikala, D/o.Murugan, aged about 19 years, before this Court and set her at liberty.

For Petitioner : Mr.A.Joel Paul Antony For Respondents : Mr.V.Neelakandan, Additional Public Prosecutor for R.1 & R.2 M/s.V.Karuna for R.3

ORDER

(Order of the Court was made by R.SUBBIAH, J.) The present Habeas Corpus Petition has been filed by the father of the detenue, seeking a Writ of Habeas Corpus, directing the respondents 1 & 2 to produce the person or body of the detenue, namely, Sasikala, aged about 19 years, before this Court and set her at liberty.

2. According to the petitioner, his daughter was missing from 20.04.2018 onwards. In this regard, the petitioner made a complaint before the second respondent. On receipt of the same, the second respondent police has issued CSR Receipt in CSR.No.49 of 2018, but, https://hcservices.ecourts.gov.in/hcservices/

no effective steps have been taken by the respondents police to trace out the detenue and hence, the petitioner has come up with the present Habeas Corpus Petition.

3. Today, when the Habeas Corpus Petition was taken up for consideration, the second respondent police produced the detenue. When we enquired the detenue, she has stated that she is aged about 19 years and since she fell in love with the third respondent, on her own volition, she went out of the home along with the third respondent and married him at a Temple. She has further stated that she is not in illegal custody.

4. In view of the above, since the detenue is not in illegal custody, in our considered view, nothing survives for adjudication in this Habeas Corpus Petition and the same is accordingly, closed. Sd/ Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-II) To

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

2.The Inspector of Police, Lalapettai Police Station, Karur District.

+1 cc to Mr.V.Karuna,Advocate,SR.95620 gk/ssl SS/RSK/SAR 2/17.12.2018/2P/4C ORDER MADE IN HCP(MD)No.1534 of 2018 16.11.2018 https://hcservices.ecourts.gov.in/hcservices/