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Madras High CourtHCP(MD)/1557/2016dismissed

M.Shanmugam v. The Commissioner Of Police

2016-11-21Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN HCP(MD)No.1557 of 2016 M.SHANMUGAM S/O. MANI, OLD NO.8A/2, NEW NO.54, JEEVA NAGAR, VALLUVAR SOUTH STREET, JAIHINDPURAM, MADURAI.

.. Petitioner Vs.

1 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.

2 THE INSPECTOR OF POLICE, JAIHINDPURAM POLICE STATION, JAIHINDPURAM, MADURAI.

3 THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, THIDEER NAGAR, MADURAI.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION (SOUTH), MADURAI CITY, MADURAI.

5 SARAVANAN S/O. CHANDRASEKAR, PALLIVASAL STREET, JEEVA NAGAR, SUBRAMANIAPURAM, MADURAI.

.. Respondents Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the respondents 1 to 3 to produce person of body of the petitioner's daughter detenue by name Mahalakshmi aged about 21 years before this Court and set her at liberty. For Petitioner : M/s.SP.Vijay Nivas For Respondents : Mr.A.Ramar Additional Public Prosecutor for R1 to R4 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by M.V.MURALIDARAN, J.) One M.Shanmugam has filed this Habeas Corpus Petition alleging that his daughter, namely, Mahalakshmi, aged about 21 years, was missing from 07.11.2016 onwards. A complaint has been given on 08.11.2016 to the Commissioner of Police, Madurai. Since no action was taken by the respondent police, he is before this Court with this petition.

2. When this matter was taken up, the respondent police produced the detenu. On our enquiry, she stated that she married the 5th respondent Mr.Saravanan in the month of August 2015. But she has not disclosed the marriage to their parents. However, on 07.11.2016, she eloped with the 5th respondent. Thereafter, the respondent police called the petitioner and on enquiry, he came to know that the detenu married the 5th respondent. The petitioner, who is present before this Court, stated that he knew that the detenu was living with the 5th respondent. However, this petition has been filed by wasting the precious time of the Court.

3. In view of the above, since the detenu is a major, aged about 21 years, this petition is closed by directing the detenu to go along with the 5th respondent.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To 1 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.

2 THE INSPECTOR OF POLICE, JAIHINDPURAM POLICE STATION, JAIHINDPURAM, MADURAI.

3 THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, THIDEER NAGAR, MADURAI.

4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION (SOUTH), MADURAI CITY, MADURAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+ 1 CC TO Mr.S.P.VIJAY NIVAS, ADVOCATE IN SR No. 70753 RR TE/SS-2 : 08/12/2016 : P/C ORDER MADE IN H.C.P(MD)No.1557 of 2016 21.11.2016 https://hcservices.ecourts.gov.in/hcservices/