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Madras High CourtHCP(MD)/1098/2020closed

R.Vankatesan v. The Commissioner Of Police

2020-12-22Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD) No.1098 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.1098 of 2020 R.Venkatesan ... Petitioner/Father of the detenue -vs1.The Commissioner of Police, Trichy District.

2.The Inspector of Police, Woraiyur Police Station, Trichy District.

3.Nitya Prakash ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 and 2 to produce the body or person of the Petitioner's daughter Ishwarya, daughter of Venkatesan, aged about 18 years, before this Court and set her at liberty.

For Petitioner :

Mr.S.Vinayak For Respondents :

Mr.R.Anandhraj, 1 and 2 Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The prayer in the Habeas Corpus Petition is to direct the respondents 1 and 2 to produce the Petitioner's daughter namely, Ishwarya, aged 18 years, before this Court and set her at liberty. 2.It is the case of the Petitioner that he is blessed with two daughters and the detenue is his eldest daughter and she is studying in B.Sc Botany in SRC College at Trichy. It is his case that the detenue is found missing from 14.10.2020 and in this regard, on complaint, a case in Crime No.92 of 2020 was registered by the second respondent Police under the caption ''Girl Missing'', but, no action was taken so far.

3.Heard Mr.S.Vinayak, learned counsel appearing for the petitioner and Mr.R.Anandhraj, learned Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1098 of 2020 appearing for the respondents 1 and 2 and perused the materials placed before this Court.

4.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would state that the Petitioner's daughter had eloped with the third respondent in the month of October 2020. The father of the third respondent had lodged a complaint with the second respondent Police and the same was registered in Crime No.1004 of 2020. During investigation, both of them were secured on 16.10.2020 and their custody was handed over to their respective parents and for the second time, the detenue had eloped with the third respondent. The learned Additional Public Prosecutor would further submit that the second respondent is ready to take action in accordance with law.

5.In the light of the above facts, the Habeas Corpus petition stands closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 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 Commissioner of Police, Trichy District.

2.The Inspector of Police, Woraiyur Police Station, Trichy District.

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

ORDER MADE IN H.C.P.(MD) No.1098 of 2020 22.12.2020 (ES)CO AP(08/01/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2