Muneeswari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Muneeswari ... Petitioner -vs1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, T.Kallupatti Police Station, T.Kallupatti, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the body or person of the detenu namely Minor.Jeyasri, daughter of Ariram, aged 17 years before this Court and hand over her custody to the petitioner.

For Petitioner : Mr.T.Vedivelan For R1 & R2 :Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the mother of the detenu seeking to produce the alleged detenu namely Minor.Jeyasri, D/o.Ariram, aged about 17 years, before this Court and set her at liberty.

2. The case of the petitioner is that her daughter xxxx, aged about 17 years was studying in Diplomo in nursing at Madurai Medical College as a day scholar, she did not return back to home on 10.06.2024. The petitioner has filed a complaint to the second respondent. Based on the complaint, a case in Cr.No.142 of 2024 was registered for 'Girl Missing'. Since no further action was taken by the respondent police, the petitioner has filed the present habeas corpus petition.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that

based on the complaint given by the petitioner, a case in Cr.No.142 of 2024 was registered for 'Girl Missing'. During the course of investigation, it came to light that the missing person had been abducted by one Shanmugapandi @ Malinga and later traced at Tirupur. The missing person was brought to the police station and she refused to go along with the parents and after due intimation to the petitioner, the missing person/child is now accommodated in a shelter home. The respondents are taking steps to produce the missing person before the Child Welfare Committee and the case was also altered into Section 9 of CMR Act, 5(l), 6 of POCSO Act.

4. Recording the same, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 31.07.2024 Index : Yes / No Internet : Yes / No am

To:

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

2.The Inspector of Police, T.Kallupatti Police Station, T.Kallupatti, Madurai District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 31.07.2024