Madras High CourtHCP(MD)/711/2020closed

Kalaiselvam v. The Superintendent Of Police

2020-09-21Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD) No.711 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.711 of 2020 Kalaiselvam ... Petitioner -vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

3.The Sub-Inspector of Police, Seithur Police Station, Virudhunagar District.

In Crime No.358 of 2020.

4.Selva Kumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 to 3 herein to produce the body of the detenue namely Miss.Karpagalakshmi, D/o.Kalaiselvam, aged about 17 years 4 monts before this Court and hand over the custody of the child to the petitioner.

For Petitioner :

Mr.V.T.Prabakaran For R1 to R3 :

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 praying for issuance of Writ of Habeas Corpus directing the respondents 1 to 3 to produce the petitioner's daughter namely Miss.Karpagalakshmi, aged about 17 years before this Court and to hand over the custody to the petitioner.

2.It is the case of the petitioner that the detenue was missing from 07.09.2020 and despite lodging a complaint and https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.711 of 2020 registration of the case in Crime No.358 of 2020, no action was taken.

3.When the petition is taken up for hearing, the petitioner and his daughter, the detenue Karpagalakshmi appeared before this Court through Video Conferencing and the detenue has stated that she is ready to go with her father, the petitioner herein. In turn, the petitioner has also informed this Court that he is willing to take the detenue with him.

4. In the light of the above fact, we are of the opinion that no further order is necessary in this petition and hence, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rj2 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.

To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

3.The Sub-Inspector of Police, Seithur Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M. JOTHI BASU, Advocate ( SR-17640[F] dated 22/09/2020 ) H.C.P.(MD) No.711 of 2020 21.09.2020 SVN(CO) TR(30.09.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2