G.Mohan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR G.Mohan ... Petitioner -vs1.The Superintendent of Police Karur District 2.The Deputy Superintendent of Police Karur District 3.The Inspector of Police Karur Town Police Station Karur District 4.Sabarinathan ... 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 to produce the person or body of the petitioner's minor daughter Sasitharan, daughter of G.Mohan, aged about 17 years, the detenue herein, before this Court and handover the custody to the petitioner.

For Petitioner :

No representation For Respondents :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1 to R3

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 respondents 1 to 3 to secure his daughter, namely, Sasitharani, aged about 17 years, produce her before this Court and set her at liberty.

2. It is the case of the petitioner that his minor daughter Sasitharani was studying 2nd Year Nursing in ABU-VSD Nursing College, Karur, by staying in the hostel. On 16.05.2024, at 04.00 a.m., he received a phone call from the College Professor and informed that his daughter is found missing. Though he searched for her, he could not find out her whereabouts. Therefore, he lodged a complaint before the third respondent and based on his complaint, a case in Crime No.335 of 2024 came to be registered for girl missing. However, subsequently, no action was taken to trace the whereabouts of the alleged missing girl. Hence, this habeas corpus petition.

3. Learned Additional Public Prosecutor appearing for the respondent - Police, on instructions, would submit that during investigation, it was found that the alleged missing girl had eloped with the fourth respondent and they were traced at Tirunelveli. Thereafter, the case was altered to one under Section 366(A) I.P.C., r/w Sections 5(l) and 6 of the POCSO Act and the alleged missing girl was produced before the Child Welfare Committee, Karur District, and after enquiry, she was handed over with her parents.

4. In view of above, 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.] 18.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Superintendent of Police, Karur District.

2.The Deputy Superintendent of Police, Karur District.

3.The Inspector of Police, Karur Town Police Station, Karur District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 18.07.2024