Mariselvan, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS. JUSTICE R.THARANI H.C.P.(MD)No.1395 of 2018 Mariselvan : Petitioner/Father of Detenue Vs.

1. The Superintendent of Prison Tirunelveli District Tirunelveli.

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

3. Balamurugan

4. Kadal @ Velusamy

5. Latha : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents herein to produce the body or person of the petitioner's daughter Hasha Daisy Lisha D/o.Mariselvan aged about 17 years before this Court and hand over her custody to the petitioner. For Petitioner : Mr.V.Selva For Respondents : Mr.V.Neelakandan for R1 & R2 Additional Public Prosecutor Mr.D.Venkatesh for R4 and R5 No appearance for R3

ORDER

[Order of the Court was made by R.SUBBIAH, J] This Habeas Corpus Petition has been filed by the petitioner to produce his daughter namely, Hasha Daisy Lisha, aged about 17 years.

2. It is averred in the petition that the petitioner's daughter is doing her siddha Medicine in Nagercoil. While so, from 04.08.2018, his daughter was found missing. Since her whereabouts were not known, the petitioner has preferred a complaint and the same has been registered in Crime No.398/2018 under 'girl missing'. Since no effective steps were taken, the petitioner is before this Court with this petition.

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3. When the matter is taken up today, the detenu has been produced by the respondent police. On enquiry, the detenu, who is a minor, expressed her willingness to go along with the petitioner herein. It is also represented by the learned Additional Public Prosecutor that a case was registered against the third respondent, with whom, it is stated that the detenu eloped.

4. Since the detenu expressed her willingness to go along with the petitioner herein, there is no need for further adjudication in this matter. Accordingly, this petition is closed and the respondent police is directed to proceed against the third respondent in accordance with law.

Sd/- Assistant Registrar(CRL SIDE) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Superintendent of Prison Tirunelveli District Tirunelveli.

2. The Inspector of Police, Pavoorchathiram Police Station, Tirunelvlei District.

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

+1cc to Mr.D.Venkatesh, Advocate Sr.No.94882 rr VB/BK/SAR1/06.12.2018/2P/5C Order made in H.C.P.(MD)No.1395 of 2018 Dated: 12.11.2018 https://hcservices.ecourts.gov.in/hcservices/