Soundira Pandian Vadivel v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Soundira Pandian Vadivel ... Petitioner -vs1.The Commissioner of Police Office of Commissioner of Police Palayankottai, Tirunelveli 2.The Inspector of Police Tirunelveli Town Police Station Tirunelveli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondent Police to produce the person, body of the petitioner's missing daughter, namely, Preethi, daughter of Soundira Pandian Vadivel, aged about 23 years, before this Court and set her at liberty.

For Petitioner :

Mr.M.Murugesan For Respondents :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor

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 to secure his daughter, namely, Preethi, aged about 23 years, produce her before this Court and set her at liberty.

2. It is the case of the petitioner that the alleged missing girl is his younger daughter and she is a Post Graduate. On 03.04.2024, she went to her elder sister's house at Chennai, by stating that she has got employment in Chennai. However, she had not gone to her elder sister's house. Though he searched for his daughter, he could not trace the whereabouts of his daughter. Therefore, he lodged a complaint before the respondent - Police on 05.04.2024 and based on his complaint, a case in Crime No.89 of 2024 came to be registered for "Woman Missing". However, no effective steps were taken thereafter to secure the missing girl. Hence, the petitioner has filed this habeas corpus petition.

3. Learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that based on the complaint given by the petitioner, a case in Crime No.89 of 2024 has been registered by the respondent - Police and during investigation, it was found that the alleged

missing girl had married one Muppiliraja, son of Velaiah, and they had appeared before the respondent - Police for enquiry. The petitioner, father of the missing girl, was also called for the enquiry. During enquiry, the alleged missing girl informed that she had married one Muppiliraja and she was not in illegal custody of anybody and she expressed her willingness to go with the said Muppiliraja. The petitioner is also aware the said factum. However, he has filed this habeas corpus petition with false allegations.

4. In view of the above facts, we are of the view that the alleged missing girl is not in illegal detention of anybody and hence, no further adjudication is required in this habeas corpus petition.

5. Accordingly, the habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] 02.07.2024 NCC :

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To:

1.The Commissioner of Police, Office of Commissioner of Police, Palayankottai, Tirunelveli.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 02.07.2024