Madras High CourtHCP(MD)/1189/2016dismissed

Thirupathi v. The Superintendnet Of Police

2016-09-06Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN H.C.P(MD)No.1189 of 2016 Thirupathi ..Petitioner/Mother of Defence Vs.

1.The Superintendent of Police Virudhunagar Virudhunagar District 2.The Inspector of Police Sivakasi East Police Station Virudhunagar District ..Respondents Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the respondents herein to produce the body and limb of the petitioner's daughter Muthumari @ Mani D/o.Late Marimuthu aged about 20 years before this Court and set her at liberty. For Petitioner : M/s.A.S.Rajeswari For Respondents : Mr.A.Ramar Addl.Public Prosecutor

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner is the mother of one Muthumari @ Mani, aged about 21 years. According to the petitioner, her daughter Ms.Muthumari @ Mani had been found missing from 14.02.2016. Since she has not been rescued by the police, despite registration of the case in Crime No.104/2016, the petitioner has come up with this Habeas Corpus Petition.

2.Today, the Habeas Corpus Petition was listed in the special list, on being mentioned by the learned Additional Public Prosecutor.

3. When the matter was taken up by 12 noon, the petitioner made her appearance along with her counsel. The detenue was produced by the 2nd respondent. The detenue told us that she is now aged 21 years. She would further state that on her own volition, she went out of her parental home and married one https://hcservices.ecourts.gov.in/hcservices/

Nagaraj on 14.02.2016 at Andal Temple at Srivilliputhur and then onwards, she has been happily living with him. She would further submit that there is no illegal detention.

3.The petitioner would submit that she has got no objection for the detenue to live with her husband. However, she would ask the detenue to sign the necessary papers to redeem the jewels, which have been pledged in the UCO Bank in the name of the detenue. The detenue told us that she would go and sign the necessary papers as and when required by the petitioner. The said statement is also recorded.

4. In view of the above, nothing survives, as there is no illegal detention. The petition is, therefore, dismissed. Sd/- Assistant Registrar(W) /True copy/ Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

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

+1cc to Mr.A.S.Rajeswari, Advocate in SR.50215 H.C.P(MD)No.1189 of 2016 06.09.2016 rr.

PBK/PV 21.09.2016 ::2P-5C:

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