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Madras High CourtHCP(MD)/1349/2021closed

A.Manimegalai v. The Superintendent Of Police

2021-09-14Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P(MD)No.1349 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD).No.1349 of 2021 A.Manimegalai ... Petitioner/mother of the detenu -vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Aruppukkottai Town Police Station, Virudhunagar District. ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing respondents to produce the person or body of the detenu namely Shobana Bharathi, Daughter of Archunan aged 26 years before this Hon'ble Court and set her at liberty.

For Petitioner : Mr.J.Pooventhra Rajan For Respondents : Mr.A.Thiruvadi Kumar Standing counsel for the State

O R D E R

(Order of the Court was made by V. BHARATHIDASAN, J.) The petitioner is the mother of the detenue. Alleging that the petitioner's daughter by name Shobana Bharathi, D/o. Archunan, aged about 26 years, was found missing from 26.08.2021, the petitioner said to have given a complaint before the second respondent police on the same day. Though the said complaint has been registered in CSR No.252 of 2021, so far no action has been taken by the second respondent police to secure the detenue. Hence, the present Habeas Corpus Petition has been filed.

2. When the matter is taken up for hearing today, Mr.A.Thiruvadikumar, learned Standing Counsel appearing for the State, on instructions would submit that the complaint given by the petitioner has been received under CSR No.252 of 2021 and the initial investigation reveals that the detenue has now married one Chakkaravarthi and she appeared before the All Women Police Station, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P(MD)No.1349 of 2021 Paalakodu, Dharmapuri District and has given a statement that on her own, she left the house and married Chakkaravarthi and the same was informed to the petitioner and the petitioner has also appeared before the second respondent police and withdrew her complaint and based on the same, CSR.No.252 of 2021 was closed. He has also produced a copy of the closure report.

3. Considering the above circumstance that the detenue is not illegally detained as alleged by the petitioner, no further adjudication is necessary in this Habeas Corpus Petition and the same is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 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, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Aruppukkottai Town Police Station, Virudhunagar District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER MADE IN H.C.P.(MD) No.1349 of 2021 14.09.2021 RD(24.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2