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Madras High CourtHCP(MD)/1638/2016closed

Ravi v. The Superintendent Of Police

2016-12-14Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD)No.1638 of 2016 Ravi : Petitioner Vs.

1.The Superintendent of Police, O/o. District Superintendent of Police, Madurai District, Madurai-625 007.

2.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.

3.Subash 4.Paul Pandi : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the petitioner's daughter namely Ramya, daughter of Ravi, aged about 22 years and set her at liberty.

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

ORDER

****** [Order of the Court was made by R.SUBBIAH, J] One Ravi, the father of the detenue has filed the present Habeas Corpus Petition seeking for a direction directing the respondents 1 and 2 to produce his daughter, namely Ramya, aged about 22 years and set her at liberty.

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2. It is averred in the affidavit filed in support of the petition that the daughter of the petitioner was found missing from 26.11.2016 and the petitioner came to know through one Balamurugan that his daughter was going with the third respondent on the date of occurrence. Thereafter, he enquired and searched her in various places, but he could not find out her. Hence, he lodged a complaint with the second respondent, based on which, a case was registered in Crime No.581 of 2016 for woman missing. Since no effective steps were taken by the second respondent, the petitioner has come up with the present Habeas Corpus Petition.

3. Today, when the matter was taken up for hearing, the second respondent produced the detenue before this Court. When we enquired the detenue, she told us that she is aged 21 years and she was in love with the third respondent and on her own volition, she left the home and married the third respondent in Perumal Temple at Thirupur. She has also made an assertive statement that she is not in illegal custody of third respondent.

4. Therefore, recording the above said submission made by the detenue, the Habeas Corpus Petition is closed, leaving it open for the detenue to choose her own way of life.

sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar SML To 1.The Superintendent of Police, O/o. District Superintendent of Police, Madurai District, Madurai-625 007.

2.The Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.

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

+1CC to Mr.R.Karunanithi, Advocate Sr.No.80628 GJM/EM/29.12.16-2p-5C Order made in H.C.P.(MD)No.1638 of 2016 Dated: 14.12.2016 https://hcservices.ecourts.gov.in/hcservices/