Fathima Nisha v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Fathima Nisha ... Petitioner/ Mother of the Detenu Vs.
1.The Superintendent of Police, Tenkasi, Tenkasi District-627 811.
2.The Inspector of Police, Courtallam Police Station, Tenkasi District.
3.Rigvin ... Respondents PRAYER: Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the respondents 1 and 2 to produce the person or body of the petitioner's Minor daughter, Anisha Afrin (Detenue), daughter of Thameem, aged about 17 years, before this Court and hand over custody to the petitioner.
For Petitioner : Mr.J.Senthil Kumaraiah For R1 and R2 : Mr.S.Ravi Additional Public Prosecutor
O R D E R
S.VAIDYANATHAN, J.
And DR.G.JAYACHANDRAN, J.
The mother of the minor girl has approached this Court by way of Habeas Corpus Petition contending that the third respondent has kidnapped the girl, which resulted the FIR in Crime No.385 of 2021 as 'girl missing'.
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2. The respondent police, after notice in the Habeas Corpus Petition had started the investigation and traced the minor girl at Moonar, who is now kept in 'Saranayalam' Home, Tirunelveli.
3. It is submitted by the learned Additional Public Prosecutor that the medical examination of the minor girl (D.O.B 12.09.2004) is already over and she has to give her statement under Section 164 Cr.P.C., before the jurisdictional Magistrate. He further submitted that the boy/3rd respondent has been arrested and the case has been registered under various provisions of IPC and POCSO Act and now, he is in judicial custody.
4. Today, the girl appeared before this Court. On enquiry she stated that she is in love with the third respondent and has gone with him on her own volition.
5. It is brought to the notice of this Court that the minor girl was already eloped with the third respondent for the first time on 27.08.2021 and the police has secured the girl and hence the FIR in Crime No.372 of 2021 has been closed. Once again, she was missing on 14.09.2021 and eloped with the very same boy and the present Complaint was registered on 16.09.2021 in Crime No.385 of 2021under the head 'girl missing'.
6. Since the minor girl has been secured, this Habeas Corpus Petition is closed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 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, Tenkasi, Tenkasi District-627 811.
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2.The Inspector of Police, Courtallam Police Station, Tenkasi District.
COPY TO:
The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
H.C.P.(MD)No.1431 of 2021 08.12.2021 RD(17.12.2021) 3P 4C 3/3