Chellathai v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM AND THE HON'BLE MRS.JUSTICE T.KRISHNAVALLI HCP(MD). NO.993 OF 2020 Chellathai
...Petitioner/Mother of the detenu
Vs 1 The Superintendent of Police, Kanyakumari District Kanyakumari.
2 The Inspector of Police, All Women Police Station , Nagarkovil, Kanyakumari.
3 Chiranjeevi
...Respondents
Prayer :- Habeas Corpus filed under Article 226 of the Constitution of India, praying this Hon'ble Court to issue a Writ of Habeas Corpus directing the Respondents 1 and 2 herein to produce the body or corpus of the Minor Detenue namely Sri Lakshmi D/o. Vasantharaj,aged about 16 years before this Honble Court.
ORDER:- Habeas Corpus Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.M.Vishnuvarthan, Advocate for the Petitioner and of Mr.R.Anandharaj, Additional Public Prosecutor On Behalf of the Respondents No.1 and 2, this Court made the following order:
(Order of the Court was made by K.KALYANASUNDARAN.,J) The grievance of the Petitioner is that her minor daughter namely, Sri Lakshmi, aged 16 years was found missing from 06.11.2020 and even though it was found out that she eloped with the third respondent, but so far, no action was taken by the respondent/Police to secure her.
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2.It is the submission of the learned Additional Public Prosecutor appearing for the respondents 1 and 2 that on receipt of a complaint from the Petitioner, a case was registered in Crime No.55 of 2020 by the second respondent Police on 07.11.2020 and they also contacted the third respondent and went to Vellore. But in the meantime, the third respondent abducted the minor girl and effective steps have been taken to secure the detenue.
3.Considering the facts of this Case and the submissions of the learned counsels appearing on either side, the first respondent/The Superintendent of Police, Kanyakumari District is directed to form a Special Team to secure the minor daughter of the Petitioner namelly, Sri Lakshmi, at the earliest.
4.Post the matter after two weeks.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:
Note:In view of the present lock down owing to COVID19 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, Kanyakumari District Kanyakumari.
2 The Inspector of Police, All Women Police Station , Nagarkovil, Kanyakumari.
3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 2/3
Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai (To List the matter after two weeks) Dated: 09/11/2020 ORDER:
HCP.(MD)NO.993 of 2020 NS(CO) NR (09/12/2020) 3P : 5C 3/3