Sohan Singh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA Sohan Singh ... Petitioner/ Father of the detenue -Vs1.The Superintendant of Police, Office of the District Superintendant of Police, Kanyakumari District.

2.The State of Tamil Nadu, The Inspector of Police, Kottar Police Station, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the respondents to produce person or body of the detenue Shanthi Raj Purohit daughter of Sohan Singh, aged about 23 years before this Court and set her at liberty. 1/6

For Petitioner : Mr.Krishnasamy Chinnasamy For R1 and R2 : Mr.B.Nambi Selvan Additional Public Prosecutor

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) Alleging that the petitioner's daughter viz., Shanthi Raj Purohit, aged about 23 years was missing from 26.03.2025, despite registering the case, since the respondent police has not taken any action, the present Habeas Corpus Petition is filed.

2.The case of the petitioner is that his elder daughter viz., Shanthi Raj Purohit was missing from 26.03.2025. While so, on 26.03.2025, the petitioner gave a complaint before the Kottar Police Station and had requested the police to register the complaint and take necessary action. The respondent police have issued CSR No.386 of 2025 dated 26.03.2025 and thereafter there was no action. While so, the second respondent police had called him to the police station and forcibly obtained signatures in some papers written in Tamil and thereafter, they 2/6

have closed the complaint. Later, the petitioner came to know that his daughter was trapped by one Prakash, S/o. Mani, and she is under illegal detention and that apprehending danger to the life of his daughter, the petitioner has filed the present Habeas Corpus Petition.

3.The learned counsel appearing for the petitioner would submit that the petitioner hails from the State of Rajasthan and he gave a complaint on 26.03.2025 regarding the missing of his daughter and the respondent have called him to the police station and had obtained signatures in a paper written in Tamil and thereafter, they have not taken any further action. Later, the petitioner came to know that the petitioner's daughter has been abducted by one Prakash and the whereabouts of his daughter is not known, the present Habeas Corpus Petition is filed.

4.Per contra, the learned Additional Public Prosecutor appearing for the respondents submitted that based on the complaint given by the petitioner on 26.03.2025, enquiry was conducted in C.S.R.No.386 of 2025. During the enquiry, the daughter of the petitioner viz, Shanthi Raj Purohit appeared along with one 3/6

Prakash and during enquiry she had informed that she was in love with the said Prakash for more than 5 years and that they got married at Nagercoil Kumaran Temple as per Hindu Rites and that they are leading a happy matrimonial life. Thereafter the petitioner was also informed about the same and he had requested the respondent not to take any further action. Based on which, the said complaint was closed. The petitioner has given a complaint as if the missing person, his daughter has gone away with the jewels, I-Phone, cash of Rs.3,82,000/-, Passport and other certificates. In respect of which, the said complaint is pending. However, the learned Additional Public Prosecutor further submitted that the petitioner's daughter has also seen the petitioner during enquiry and the petitioner has seen his daughter and that she is not an illegal detention. 5.Recording the aforesaid submissions, this Habeas Corpus Petition stands closed.

[A.D.J.C.,J.] & [R.P.,J.] 23.06.2025 NCC:Yes/No Index:Yes/No Ns 4/6

To 1.The Superintendant of Police, Office of the District Superintendant of Police, Kanyakumari District.

2.The State of Tamil Nadu, The Inspector of Police, Kottar Police Station, Nagercoil, Kanyakumari District.

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

5/6

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA.,J .

Ns ORDER MADE IN 23.06.2025 6/6