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Madras High CourtHCP(MD)/1655/2016closed

S.Rajalakshmi, v. The Inspector Of Police,

2016-12-19Honourable Mr Justice R.Subbiah,Honourable Mrs Justice J. Nisha Banu3 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 H.C.P.[MD].Nos.1655 and 1673 of 2016 H.C.P.(MD).No.1655 of 2016:

S.Rajalakshmi .. Petitioner Vs.

1.The State rep. by the Inspector of Police, Somarasampettai Police Station, Tiruchirapalli.

2.Parameswari @ Parimala .. Respondents PRAYER: Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the 2nd respondent to produce the body and person of the petitioner's son viz., Mohanraj, aged about 18 years S/o.Selvendran and set him at liberty.

For Petitioner : Mr.M.Veilkani Raju, for Mr.V.Singan For 1st respondent : Mr.K.S.Duraipandian, Addl. Public Prosecutor H.C.P.(MD).No.1673 of 2016:

Nagarajan .. Petitioner Vs.

1.The Superintendent of Police, Trichy District.

2.The Inspector of Police, Somarasampettai Police Station, Trichy District.

3.Mohanraj 4.Selvendran .. Respondents PRAYER: Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the 1st and 2nd respondents to produce the body and person of the petitioner's son viz., Parameswari, aged about 26 years W/o.Thangavel and hand over custody to the petitioner.

For Petitioner : Mr.B.Jameel Arasu For respondents 1 & 2 : Mr.K.S.Duraipandian, Addl. Public Prosecutor COMMON ORDER [Order of the Court was made by R.SUBBIAH, J.] H.C.P.(MD).No.1655 of 2016 has been filed by the mother of the detenu by name Mohanraj S/o.Selvendran, aged about 18 years alleging that the second respondent therein, who is the detenu in H.C.P.(MD).No.1673 of 2016, has abducted her son / detenu and her son has been found missing from 05.12.2016. In this regard, the petitioner has already given a complaint to the concerned Police Station. As there was no response to the same, she has come up with this petition.

2.H.C.P.(MD).No.1673 of 2016 has been filed by the brother of the detenu viz., Parameswari W/o.Thangavel, aged about 26 years alleging that the third respondent therein, who is the detenu in H.C.P.(MD).No.1655 of 2016, has abducted his sister / detenu and his sister has been found missing from 05.12.2016. In this regard, the petitioner has already given a complaint to the concerned Police Station. As there was no response to the same, he has come up with this petition.

3.Since the issue involved in both the Habeas Corpus Petition are interrelated to each other, they are dispose of by way of this common order.

4.Today, when both the matters were taken up for hearing, the detenu in both the petitions were produced before this Court by the Inspector of Police, Somarasampettai Police Station. When we enquired, both the detenu admitted that they have developed a love affairs and went together. However, they assured that they will not continue such affairs. Now, they want to go along with the respective petitioners. The said statement is recorded.

5.In view of the above, nothing survives for adjudication in these petitions. Hence, these Habeas Corpus Petitions are closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Trichy, Trichy District.

2.The Sub Inspector of Police, Valanadu Police Station, Marungapuri Taluk, Trichy District.

3 The Inspector of Police, Somarasampettai Police Station, Tiruchirapalli.

4.The Home Superintendent, Government Young and Women Protection Home, E.B.Road, Trichy -2.

5.The District Social Welfare Officer, District Collector Office, Trichy, Trichy District.

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

+1 cc to M/S.B.JAMEEL ARASU, Advocate SR.No.82026 Common Order made in H.C.P.[MD].Nos.1655 & 1673 of 2016 Dated: 19.12.2016 AE/JM/09.02.2017:3P/8C