Rajagopal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.12538 of 2021 Rajagopal ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

3.Bala

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to expedite the investigation and file final report in Crime No.368 of 2021. For Petitioners : Mr.T.Lenin Kumar For R1 to R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent to expedite the investigation and file final report in Crime No.368 of 2021.

2. The learned counsel appearing for the petitioner would submit that the petitioner's daughter by name Subbulakshmi, aged about 19 years has been illegally detained by the third respondent herein, on the false promise of marrying her. Therefore, a complaint has been given by the petitioner and a case in Crime No.368 of 2021 dated 02.08.2021 has been registered against the third respondent. But, there is no progress in the investigation.

3. The learned Additional Public Prosecutor would submit that third respondent is a major and H.C.P.(MD).No.1133 of 2021 filed by the petitioner was closed on 18.08.2021 with the following observations:

Alleging that the petitioner's daughter by name 1/3

Subbulakahmi, aged 19 years, is found missing from 31.07.2021, the petitioner has lodged a complaint before the second respondent. But, so far no action has been taken 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 the petitioner's daughter has eloped with the third respondent and living with him and she is not in illegal custody.

3. Recording the above said submission, this Habeas Corpus Petition is closed.

4. The learned Additional Public Prosecutor would further submit that the daughter of the petitioner married the third respondent and now, they are living jointly. Hence, the First Information Report registered in Crime No.368 of 2021 is going to be closed.

5. However, the statement made by the learned Additional Public Prosecutor that the third respondent is the major is objected by the petitioner, but the said fact cannot be adjudicated in this case.

6. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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, Tirunelveli District, Tirunelveli.

2/3

2.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

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

Crl.O.P.(MD).No.12538 of 2021 01.09.2021 RD(8.09.2021) 3P 4C 3/3