Madras High CourtHCP(MD)/1417/2021dismissed

R. Kala v. The Superintendent Of Police

2021-09-23Honourable Mrs Justice J. Nisha Banu,Honourable Mr Justice V. Bharathidasan2 pages

H.C.P.(MD)No.1417 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN and THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.(MD)No.1417 of 2021 R.Kala ... Petitioner/Mother of the detenue vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai. ... 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 1 and 2 herein to produce the body or person of Nesapriya D/o Ravichandran aged about 22 years herein before this court and set her at liberty.

For Petitioner :

Mr.S.Arunnithy For Respondents :

Mr.S. Ravi Additional Public Prosecutor

O R D E R

(Order of the Court was made by V.BHARATHIDASAN, J.) Alleging that the petitioner's daughter, by name, Nesapriya, aged about 22 years, found missing, the petitioner has given a complaint before the 2nd respondent police. Since no action has been taken by the second respondent to secure the detenue, the present Habeas Corpus Petition has been filed.

2. Today, the Inspector of Police, Melur, is present.

3. The learned Additional Public Prosecutor appearing for the respondent Police, on instructions, would submit that the detenue got married one Pradeep Pandian, on 13.08.2021. Subsequently, the detenue has also given a complaint against the father of the detenue / husband of the petitioner, before the All Women Police Station, https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.1417 of 2021 Coimbatore, stating that the petitioner's family threatening and criminally intimidated them. Hence, an enquiry was conducted, in which, the petitioner's brother and father of the detenue appeared and they have also got the jewels from the detenue. 4.Now, after that, the father of the detenue set up the wife and filed the present Habeas Corpus Petition, as if the detenue has been illegally detained.

5. Considering the above circumstances, after fully knowing the fact that the detenue has got married one Pradeep Pandian, the petitioner, who is the mother of the detenue, has filed the present Habeas Corpus Petition. It is a deliberate act on the part of the petitioner and abuse of process of the Court. Hence, the Habeas Corpus Petition is not maintainable and the same is dismissed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/mpk 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, Office of the Superintendent of Police, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai.

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

H.C.P.(MD)No.1417 of 2021 23.09.2021 NSN(CO) KB(22.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2