Madras High CourtHCP(MD)/946/2021dismissed

Varsha Devi v. The Commissioner Of Police

2021-07-20Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD) No.946 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD) No.946 of 2021 Varsha Devi ... Petitioner/Mother of the detenu -vs1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Fort Police Station, Trichy City.

3.Jithenthiran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the first and second respondents to produce the body or person of the petitioner's daughter namely Rajeshsri, D/o. Bhanwarlal, aged about 19 years, before this Court and set her at liberty.

For Petitioner :

Mr.K.M.Karunakaran For R1 and R2 :

Mr.S.Ravi Standing counsel for the Government

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The present habeas corpus petition has been filed for a direction to the respondents 1 and 2 to produce the petitioner's daughter viz., Rajeshsri, aged about 19 years.

2. The petitioner is the mother of the detenu. It is alleged that on 12.10.2020, the third respondent, who is a neighbour had kidnapped the detenu. Even though a case was registered on the next day by the second respondent, but no effective steps were taken to secure her.

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H.C.P.(MD) No.946 of 2021

3. Mr.S.Ravi, learned Standing counsel appearing for the State, on instructions, would submit that the detenu has married the third respondent. Thereafter, both of them approached the High Court of Rajasthan, seeking police protection and the same was ordered by the High Court of Rajasthan in S.B.Criminal Misc (Pet.)No.3425 of 2020, on 22.10.2020. The order of the High Court is placed on record.

4. In the light of the above facts, we find no merit in the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition is dismissed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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 Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Fort Police Station, Trichy City.

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

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