Madras High CourtHCP(MD)/1584/2016closed

Mariammal v. The Superintendent Of Police

2016-12-19Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2016 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU HCP(MD)No.1584 of 2016 Mariammal ... Petitioner vs.

1)The Superintendent of Police, Madurai District.

2)The Inspector of Police, Samayanallur Police Station, Madurai District.

3)Senthoorapandi ... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Habeas Corpus, directing the 1st and 2nd Respondents to produce in person or body of the Petitioner's daughter namely, Tamilselvi D/o. Pandi aged about 20 years who has been illegally detained by the 3rd Respondent and produce her before this Honourable court and set her at liberty. For Petitioner : Mr.M.Krishnamoorthy For R1 and R2 : Mr.K.S.Dauraipandian Additional Public Prosecutor

ORDER

[Order of the Court was made by R.SUBBIAH, J.] The petitioner, namely Mariammal, the mother of the detenue, has filed this Habeas Corpus Petition, stating that her daughter Tamilselvi, aged about 20 years, was illegally detained by the 3rd respondent from 15.11.2016. Therefore, she has given a complaint to the 2nd respondent on 16.11.2016 and a case was registered in Crime No.392/2016 as '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. 2.Today, when the matter was taken up for consideration, the detenue was produced before this Court. On our enquiry, the detenue stated that she is aged 20 years and she fell in love with the 3rd respondent and on her own volition, she went along with him and married him at Vilangudi Karuppasamy Temple and their marriage was also registered. She has also expressed her willingness to https://hcservices.ecourts.gov.in/hcservices/

live along with her husband/3rd respondent. She has also made an assertive statement that she is not in illegal custody of the 3rd 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 her husband/3rd respondent.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To 1)The Superintendent of Police, Madurai District.

2)The Inspector of Police, Samayanallur Police Station, Madurai District.

3)The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai nbi RL/4C/2P/SKN/5.1.2017 HCP(MD)No.1584 of 2016 19.12.2016 https://hcservices.ecourts.gov.in/hcservices/