Shanmuga Vadivel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.1067 of 2021 Shanmuga Vadivel ... Petitioner/Father of the detenue -vs1. The Superintendent of Police, Office of the Superintendant of Police, Karur District.

2. The Inspector of Police, Lalapet Police Station, Lalapet, Karur District.

3. Maha Muni

4. Thamarai

5. Mani ... Respondents/Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus directing the respondents herein to produce the body or person of the petitioner's daughter namely (DETENUE) GOWSALYA, aged about 20 years, D/o.Shanmuga Vadivel, before this Court and set her at liberty within the time stipulated by this Hon'ble Court. For Petitioner : Mr.B.Santhanam Rajeshkumar For R1 & R2 : Mr.S.Ravi Standing counsel for the State

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) Alleging that the petitioner's daughter by name Gowsalya, aged about 20 years, is found missing from 30.07.2021, the petitioner has 1/3

lodged a complaint before the second respondent police. But, so far no action has been taken by the second respondent to secure the detenu. Hence, the present Habeas Corpus Petition.

2. When the matter is taken up for hearing today, Mr.S.Ravi, learned Standing counsel appearing for the State, on instructions would submit that based on the complaint given by the petitioner, the respondent police has registered an F.I.R. in Crime No.322 of 2021, under girl missing and the investigation reveals that the detenu having love affair with the third respondent herein and eloped with him.

3. Considering the fact that already the F.I.R. registered and the investigation has been commenced, the second respondent police is directed to proceed with the investigation and secure the detenu and produce before the concerned Judicial Magistrate. On such production, the concerned Judicial Magistrate is directed to pass suitable orders regarding the custody of the detenu, in accordance with law. The concerned Deputy Superintendent of Police is directed to monitor the investigation.

4. With the above directions, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

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, Office of the Superintendant of Police, Karur District.

2. The Inspector of Police, Lalapet Police Station, Lalapet, Karur District.

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

ORDER MADE IN H.C.P.(MD) No.1067 of 2021 03.08.2021 GC (03/08/2021) 3P 4C 3/3