Seenivasan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Seenivasan ... Petitioner/Father of the detenue -vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar Distrrict.

3.The Sub-Inspector of Police, Sivakasi East Police Station, Virudhunagar District in Crime No.1017 of 2020 4.Arun ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 to 3 to produce the body of the detnue namely Miss.Santhana Mariammal, daughter of Seenivasan, aged about 17 years and 9 months before this Court and hand over the custody of the child to the Petitioner.

For Petitioner :

Mr.M.Jothi Basu For Respondents :

Mr.K.Dinesh Babu 1 to 3 Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed for issuance of a Writ of Habeas Corpus directing the respondents 1 to 3 to produce the Petitioner's daughter Miss. Santhana Mariammal, aged about 17 years and 9 months before this Court and hand over the custody to the Petitioner.

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2.Mr.Jothi Basu, learned counsel for the Petitioner would state that the Petitioner is a daily wage employee and his daughter, the detenue herein was studying in 12th standard in Coronation Girls Higher Secondary School, Sivakasi. However, she was found missing from 10.11.2020. In this regard, though a criminal complaint was given to the second respondent and a case was registered in Crime No.1017/2020 under the caption 'Girl Missing, but no effective steps have been taken by them to secure the detenue and hence the present Habeas Corpus petition.

3.When this case is taken up for hearing today, the Petitioner and the detenue appeared before this Court through videoconferencing from the Additional Public Prosecutor's Office. The detenue would state that on 10.11.2020, she left the house on account of the misunderstanding and now she is ready to go with the petitioner herein. In-turn, the Petitioner has also accepted the same.

4.In the light of the above statement of the detenue and the Petitioner herein, no further adjudication is required in this Habeas Corpus petition and accordingly, the same stands closed. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn 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 Deputy Superintendent of Police, Sivakasi, Virudhunagar Distrrict.

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3.The Sub-Inspector of Police, Sivakasi East Police Station, Virudhunagar District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.M.LAW OFFICE, Advocate (SR-24311[F] dated 08/12/2020) ORDER MADE IN 07.12.2020 svn(CO) TR(15.12.2020) 3P 6C 3/3