Pandiyarajan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU P.Pandiarajan ... Petitioner vs.
1.The Superintendent of Police, Madurai District, 2.The Inspector of Police, Oomachikulam Police Station, Madurai District.
3.Jobin Jobi 4.Shaji @ Shathi 5.Anitha ... Respondents PRAYER : 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 body or person of the petitioner's minor daughter namely Nidya Devi D/o.Pandiarajan, aged about 18 years from the illegal custody of the 3 to 5 respondents before this Court and hand over to him.
For Petitioner : Mr.Ganapathi Subramanian For Mr.K.Vairaveeran For R 1 and 2 : Mr.S. Ravi Standing counsel for the State
O R D E R
(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's daughter, by name, Nidya Devi, aged about 17 years, found missing from 19.08.2020, the petitioner has given a complaint before the 2nd respondent police alleging that the respondents 3 to 5, who hailing from Kerala, might have abducted his daugther, has given a complaint. Since no action has been taken, the present Habeas Corpus Petition has been filed.
2. Earlier, when the matter came up for hearing Mr. Ravi, the learned Standing Counsel for the State submitted that the detenue eloped with the 3rd respondent and also got married at Kerala and 1/3
both of them are residing in Kerala. He also submitted that they formed a team and the team has gone to Kerala to secure the accused. Hence, the matter was adjourned today.
3. Today, when the matter is taken up for hearing, Mr.S.Ravi, the learned Standing Counsel for the State would submit that the 2nd respondent police along with the mother of the detenue gone to the house of the 3rd respondent and they found house is locked and they are not able to secure the detunue and they are continuing with the investigation to secure the accused.
4. Considering the submissions, sine the detenue is found missing more than one year, the second respondent police is directed to proceed with the investigation, secure the detenue as early as possible and produce before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenue, in accordance with law.
5. With the above directions, the Habeas Corpus Petition is closed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mpk 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, Madurai District, 2.The Inspector of Police, Oomachikulam Police Station, Madurai District.
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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, ORDER MADE IN 08.09.2021 GC(21.09.2021) 3P 4C 3/3