Madras High CourtHCP(MD)/1350/2021closed

Bhagavathi v. The Superintendent Of Police

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

H.C.P(MD)No.1350 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.1350 of 2021 Bhagavathi ... Petitioner/mother of the detenue -vs1. The State Represented By The Superintendent of Police, Tirunelveli District.

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

3. Vairavakani ... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, or any other direction in the nature, directing the respondents 1 and 2 to produce the person or body of the detenue namely Diviya, aged 17 years, D/o. Bhagavathi before this Hon'ble Court and grant custody to the petitioner.

For Petitioner : Mr.N.S.Ramakrishna Dass For R-1 & R-2 : 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 Diviya, aged about 17 years, was kidnapped by the third respondent, the petitioner said to have given a complaint before the second respondent police on 05.09.2021. Though an F.I.R has been registered in Crime No.417 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.

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H.C.P(MD)No.1350 of 2021

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 based on the complaint given by the petitioner, already a case in Crime No.417 of 2021 has been registered by the second respondent police for girl missing. Subsequently, the detenue, who is major appeared before the second respondent police and stated that on her own, she left the house, now working at Coimbatore and she is not illegally detained by the third respondent. The learned Standing Counsel has also produced a copy of the statement given by the detenue.

3. Considering the above circumstances that the detenue is not illegally detained by the third respondent as alleged by the petitioner, no further adjudication is necessary in this Petition. Hence, the Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (A.D.II) // 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.

1. The Superintendent of Police, Tirunelveli District.

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

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD) No.1350 of 2021 14.09.2021 RD(22.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2