Ammasi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Ammasi ... Petitioner -vs1.The Superintendent of Police Dindigul, Dindigul District 2.The Inspector of Police Shanarapatty Police Station Dindigul District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents to produce the person or body of the person as the petitioner's second daughter by namely Sathya, age 36 years, daughter of Ammasi and granddaughter XXXX, 17 years old, daughter of Sugumar, before this Court and set them at liberty. For Petitioner :

Mr.S.Arjun For Respondents :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure his daughter, namely, Sathya, aged about 36 years and granddaughter XXXX, aged about 17 years, produce them before this Court and set them at liberty.

2. It is the case of the petitioner that his granddaughter XXXX was studying 12th Standard in Girls Higher Secondary School, Natham. On 13.06.2024, she went to School as usual. However, she did not return back to home. On enquiry, he came to know that his daughter Sathya had picked up his granddaughter at 12.00 Noon and school and thereafter, both of them went missing. Though he searched for them, he could not find out their whereabouts. Hence, he lodged a complaint before the respondent - Police and based on the said complaint, though a case in Crime No.338 of 2024 for woman missing and girl missing has been registered, no steps were taken thereafter to trace them. Hence, this habeas corpus petition.

3. Learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that based on the complaint given by the petitioner, a case in Crime No.338 of 2024 was registered for woman

missing and girl missing. During the course of investigation, the alleged missing persons were traced at Nagore and they were brought back to the Police Station and their statements were recorded. On enquiry, the petitioner's daughter stated that she was given in marriage to one Sugumar and later, it was found that he was a drug peddler and due to the harassment by her husband and his father, she had gone out of the home along with her minor daughter XXXX. The minor daughter was also enquired. Both of them, in their respective statements, have stated that they were not in illegal detention of anybody. After recording their statements, they were allowed to go along with the petitioner and the case in Crime No.338 of 2024 has been closed as action dropped.

4. In view of the above submission of the learned Additional Public Prosecutor, no further adjudication is required in this habeas corpus petition and the same is, therefore, closed.

[A.D.J.C., J.] [K.R.S., J.] 24.07.2024 NCC :

Yes / No Index :

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Yes / No krk

To:

1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Inspector of Police, Shanarapatty Police Station, Dindigul District.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

krk 24.07.2024