M.Ramalakshmi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD) No.932 of 2020 M.Ramalakshmi ... Petitioner/Mother of Detenue -vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.
3.M.Ajay ... 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 1 and 2 to produce the body or person of the detenue namely Minor M.Chandhiraleela (aged 17 years) D/o.Mani, before this Court and hand over her to the petitioner. For Petitioner :
Mr.B.Satheshkumar 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, M.Chandhiraleela, aged about 17 years, is found missing from 22.09.2020 and suspecting that the 3rd respondent has kidnaped the minor girl, he has 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. Earlier, in this matter, notice was ordered to the respondents and thereafter, the matter was adjourned to several occasions.
3. The Inspector of Police, Rajapalayam South Police Station, 1/3
Virudhunagar District, the 2nd respondent herein, is present before this Court.
4. Today, when the matter is taken up for hearing, Mr.S.Ravi, the learned Standing Counsel appearing for respondents 1 and 2 would submit that at the time of missing, the detenue was a minor, now she attained majority. The investigation reveals that the girl is eloped with the 3rd respondent, initially they gone to Thiruppur and when the 2nd respondent Police visited Thiruppur, they escaped from that place, after getting information about the visit of the 2nd respondent and then, they gone to Munnar, then, the 2nd respondent Police also visited Munnar and they have escaped from there and gone to Chennai. Now, a special team gone to Chennai to trace the detenue.
5. Considering the efforts taken by the Investigating Agency to recover the detenue, the second respondent police is directed to proceed with the investigation and secure the detenue 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 detenue, in accordance with law. The concerned Superintendent of Police is directed to monitor the investigation.
6. With the above directions, the Habeas Corpus Petition is closed.
Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) MPK 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.
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To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD) No.932 of 2020 13.08.2021 SB(25.08.2021) 3P 4C 3/3