Moorthi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Moorthi ... Petitioner -vs1.The Superintendent of Police Madurai District Madurai 2.The Inspector of Police Alanganallur Police Station Madurai District 3.Veeran ... 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 petitioner's daughter namely Archana, daughter of Moorthi, aged about 17 years, before this Court and hand over her to the petitioner.

For Petitioner :

Mr.K.Sathish Kumar For Respondents :

Mr.A.Thiruvadi Kumar Additional Public Prosecutor for R1 & R2

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondent - Police to secure his daughter, namely, Archana, aged about 17 years, produce her before this Court and set her at liberty.

2. The case of the petitioner is that his younger daughter is studying Nursing Course and also practicing as Home Nurse in Madurai. On 15.05.2024 at about 06.00 p.m., she called her mother over phone and told that she is going for shopping. However, she did not return back and her mobile was switched off. Despite search, the petitioner was unable to find out the whereabouts of his daughter. Therefore, he lodged a complaint before the respondent - Police and though a case in Crime No.204 of 2024 was registered by the respondent - Police under the caption "Girl Missing" on 18.05.2024, no further steps were taken to find out the whereabouts of the detenue. Hence, the petitioner has filed the present habeas corpus petition.

3. Learned Additional Public Prosecutor appearing for the respondent - Police, on instructions, submitted that based on the complaint given by the petitioner a case in Crime No.204 of 2024 came to be registered under the caption "Girl Missing" on 18.05.2024 and during investigation, on 09.06.2024, the missing girl was traced at Thiyagadurgam, Kallakurichi District, along with one Veeran, with whom she got friendship through Instagram. Later, they were brought to the Police Station and during investigation, it came to light that the said Veeran had sexually abused the victim girl. He would further submit that the date of birth of the missing girl is 08.06.2006 and now, she has attained majority and steps are being taken for medical examination of the missing girl.

4. Today, the respondent - Police has produced the detenue before this Court. On enquiry, she submitted that she was born on 08.06.2006, she is studying Diploma in Nursing and she got acquaintance with one Veeran through Instagram and on her own volition, she went to meet him and she was staying in his house. Further, she expressed her willingness to go along with her father / petitioner, who is also present before this Court.

5. Since the missing girl has attained majority and she expressed her willingness to go along with her father, no further adjudication is required in this habeas corpus petition and the same is, therefore, closed. [A.D.J.C., J.] [K.R.S., J.] 10.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Alanganallur Police Station, Madurai District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 10.06.2024