M.Vijaya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.1293 of 2016 M.Vijaya : Petitioner Vs.

1. The Superintendent of Police, O/o. Superintendent of Police, Madurai District.

2. The Inspector of Police, Perungudi Police Station, Madurai District.

(Crime No.100/2015).

3.Lingam : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the body and person of petitioner's daughter Sathiya, D/o.Malaisamy, aged about 20 years before this Court and set her at liberty.

For Petitioner : Mr.R.Venkatesan For Respondents 1&2 : Mr.K.S.Duraipandian Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by R.SUBBIAH, J.] The petitioner is the mother of the detenue - Sathiya, D/o.Malaisamy, aged about 20 years. Se has filed the present Habeas Corpus Petition stating that her daughter was found missing from 06.04.2015. Hence, she has lodged a complaint on 06.04.2015 itself, based on which, a case was registered in Crime No.100 of 2015 for "woman missing". Since no steps have been taken so far to trace out the detenue, the petitioner is before this Court with the present Habeas Corpus Petition.

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2. Today, when the matter was taken up for consideration, the second respondent police produced the detenue before this Court. On our enquiry, the detenue stated that she fell in love with the third respondent and on her own volition, she left the house and married the third respondent on 08.04.2015 at Sivan Temple and from that day onwards, she has been living with the third respondent without any hindrance. We also enquired the parents of the detenue, who were present in Court today. They have also accepted the marriage of the detenue with the third respondent.

3. Therefore, recording the submission made by the detenue, the Habeas Corpus Petition is closed giving liberty to the detenue to go along with the third respondent.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, O/o. Superintendent of Police, Madurai District.

2. The Inspector of Police, Perungudi Police Station, Madurai District.

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

Order made in H.C.P.[MD].No.1293 of 2016 23.12.2016 SML MK/11.1.2017/2p/4c https://hcservices.ecourts.gov.in/hcservices/