Moorthy v. The Superintendent Of Police

H.C.P.(MD) No.897 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.897 of 2021 Moorthy ... Petitioner -vs1.State Represented by the Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

3.Muthuraja ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus to direct the 1st and 2nd respondents to produce the petitioner's daughter namely, Shanmuga Priya, D/o Moorthy, aged 21 years before this Court and set her at liberty.

For Petitioner : Mr.K.Navaneetha Raja For Respondents : Mr.S.Ravi Standing Counsel for Tamil Nadu Government (for R1 and R2)

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in this habeas corpus petition is to direct the respondents 1 and 2 to produce the petitioner's daughter, namely, Shanmuga Priya, aged 21 years before this Court and set her at liberty.

2.The petitioner would state that he is having a daughter and a son. The detenue, the daughter of the petitioner has completed B.Com at Madurai Yadhava College. While so, she was found missing from 02.06.2021. Hence, he lodged the complaint with the second respondent and the same was registered in Crime No.355 of 2021 on 03.06.2021 under women missing. Since no effective steps have been taken to secure the detenue, he has filed the present petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.897 of 2021 3.When the matter is taken up for hearing today, the petitioner as well as the detenue appeared before this Court through video conferencing from the Public Prosecutor's Office. On enquiry, the detenue has stated that she married the third respondent Muthuraja on 04.06.2021 and now she wants to live with her husband, the third respondent herein. Further, it is found that the detenue is 21 year.

4.In the light of the above statement of the detenue, we find no merits in this habeas corpus petition and hence, the same is dismissed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) skn Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

3.The Standing Counsel for Tamil Nadu Government, Madurai Bench of Madras High Court, Madurai.

H.C.P.(MD) No.897 of 2021 24.06.2021 MGJ(14.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2