M.Gopi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.05.2023

CORAM:

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI H.C.P.No.550 of 2023 M.Gopi ... Petitioner Vs 1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul District. ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, to direct the respondents to produce the person or body of the person as the petitioner's daughter by namely, Priyadharshini, D/o.M.Gopi, aged about 16 years old before this Court and hand over the custody to the petitioner.

For Petitioner :Mr.S.Arjun For Respondents :Mr.S.Ravi, Additional Public Prosecutor

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Mr.M.Gopi, S/o.Mani, a resident of Melatheru, Natham, Dindigul District, has come to this Court with this petition, for issuance of a Writ of Habeas Corpus, under Article 226 of the Constitution of India, to direct the respondent police to produce his daughter by name Priyadharshini, aged about 16 years old, before this Court and hand over the custody to the petitioner.

2. This Court on 04.05.2023 giving time to the respondent police to take suitable measures to secure and produce the minor girl, adjourned the matter.

3. Today around 10.30 a.m., during mentioning hours, learned Additional Public Prosecutor, requesting us to take this matter at the end of the list, submitted that the minor girl has been secured and she will be produced before this Court so that she can go home along with her father/petitioner.

4. When the matter was taken up after lunch session, learned Additional Public Prosecutor submitted that since the detenue is a minor girl, aged about 16 years, a case has been registered against the person responsible for kidnapping her under Sections 366(A) I.P.C., and 3(a) & 4 of the Protection of Children From Sexual Offences Act, 2012.

5. The detenue is produced before us. We had a brief conversation with the petitioner and the detenue. The detenue expressed her willingness to go with her father/petitioner.

6. Recording the production of the detenue and her consent to go with the petitioner/father, this Habeas Corpus petition stands closed.

(T.R., ACJ.) (L.V.G., J.) 17.05.2023 Index :Yes/No NCC :Yes/No pm

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

2.The Inspector of Police, Natham Police Station, Dindigul District.

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

T.RAJA, ACJ.

and L.VICTORIA GOWRI, J.

PM 17.05.2023