Madras High CourtHCP(MD)/707/2020dismissed

P.Chelasamy v. The Superintendent Of Police

2020-09-30Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD) No.707 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.707 of 2020 P.Chellasamy ... Petitioner -vs1.The Superintendent of Police, Tirunelvelii District, Tirunelveli.

2.The Inspector of Police, Valliyur Police Station, Tirunelveli District.

3.Velumani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the second respondent to produce the body or person of the petitioner's daughter namely Selvi, W/o.Elango, aged about 25 years before this Court and hand over the custody to the petitioner and set her at liberty.

For Petitioner : Mr.C.Ajaykose For R1 and R2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This Habeas Corpus Petition has been filed seeking direction to the second respondent to produce the petitioner's daughter namely Selvi, W/o.Elango, aged about 25 years ,before this Court and hand over the custody to the petitioner.

2.The learned counsel for the petitioner Mr.C.Sasikumar, would state that the detenue was married to one Elango on 20.01.2016 and during the lawful wedlock, they are blessed with two female children. While so, she is missing from 26.02.2020 and hence, a complaint was lodged and the second respondent has also registered a case in Crime No.64 of 2020 under Women missing, but no action was taken.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.707 of 2020 3.When the matter is taken up for hearing, the detenue appeared before this Court through video conferencing and stated that she is a major and she wants to live on her own. She refused to divulge the present address and also stated that she is not willing to go with the petitioner.

4.In the light of the above statement of the detenue, we are of the opinion that no further enquiry is necessary in this petition and hence, this Habeas Corpus Petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

rj2 To 1.The Superintendent of Police, Tirunelvelii District, Tirunelveli.

2.The Inspector of Police, Valliyur Police Station, Tirunelveli District.

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

H.C.P.(MD) No.707 of 2020 30.09.2020 RG(CO) NR (12.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2