Madras High CourtHCP(MD)/661/2019disposed of

Annalakshmi v. The Superintendent Of Police

2019-07-19Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 19.07.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P. (MD) NO. 661 OF 2019 Annalakshmi .. Petitioner - Vs -

1. The Superintendent of Police Pudukottai District.

2. The Deputy Superintendent of Police Illupur, Pudukottai District.

3. The Sub Inspector of Police Viralimalai Police Station Pudukottai District.

4. R.Sivalingam .. Respondents Petition filed under Article 226 of the Constitution of India praying this Court for the issuance of a writ of habeas corpus directing the 3rd respondents to produce the body or person of the detenue, viz., Jeevadharshini, aged 20 years, D/o Sakthivel, before this Hon'ble Court, and set her at liberty.

For Petitioner : Mr.J.Anandkumar For Respondents : Mr. K.Dinesh Babu, APP

ORDER

(Order of the Court was made by M.Sathyanarayanan, J.) The petitioner is the mother of the detenue, viz., Jeevadharshini, aged about 20 years (DOB - 12.12.1999) and alleging illegal custody/detention of the detenue at the hands of the 4th respondent, has lodged a complaint on the file of the 3rd respondent for which CSR No.174/2019 has been issued. The petitioner, being the mother, is very much concerned about the safety, well being and whereabouts of her daughter, viz., the detenue, and, therefore, came forward to file this petition.

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2. Heard the learned counsel appearing for the petitioner and Mr.Dinesh Babu, learned Addl. Public Prosecutor, who accepts notice for the 3rd respondent.

3. A perusal of the complaint dated 8.7.19 submitted by the petitioner before the 3rd respondent prima facie disclose that it is a case of elopement. However, taking into consideration the anxiety exhibited by the petitioner, who is the mother of the girl aged about 20 years, this Court directs the 3rd respondent to register an FIR and proceed with the investigation in accordance with law to trace the detenue. The 3rd respondent shall also keep the petitioner informed of the progress being made in the investigation from time to time. As and when the detenue and the 4th respondent are traced, they shall be produced before the learned Judicial Magistrate, Keeranur, for passing appropriate orders as to their custody and before producing the detenue, the 3rd respondent shall put the petitioner on prior notice.

4. This habeas corpus petition is disposed of accordingly. Registry is directed to communicate a copy of this order to the learned Judicial Magistrate, Keeranur.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate Keeranur, Pudukottai District.

2.The Superintendent of Police, Pudukottai District.

3.The Deputy Superintendent of Police, Illupur, Pudukottai District.

4. The Sub Inspector of Police, Viralimalai Police Station, Pudukottai District.

5. The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.ANANDKUMAR, Advocate SR-11958. H.C.P. (MD) NO. 661 OF 2019 19.07.2019 CS(29.07.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/