R.Murugan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2020

CORAM:

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

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

3.V.Siva ... Respondents PRAYER: 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 body or person of the detenue, namely, M.Gowsalyadevi (aged 18 years) D/o R.Murugan before this Court and hand over to the petitioner'.

For Petitioner :

Mr.B.Satheshkumar For Respondents :

Mr.K.Dinesh Babu 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 by the father of the detenue for production of his daughter, by name, M.Gowsalyadevi before this Court and hand over her custody to the petitioner. 2.The petitioner would claim that the detenue Gowsalyadevi is aged about 18 years and she was found missing from 24.11.2020 and hence, a complaint was lodged with the second respondent on 25.11.2020. Though it was registered in Crime No.850 of 2020 under 1/3

girl missing, no action has been taken. Hence, the present petition has been filed.

3.When the matter is taken up for hearing today, the petitioner and the detenue appeared through video conferencing. On enquiry, the detenue would state that after completing +1, she was with her parents about two years and now she wants to pursue +2. It is further stated that on her own wishes, she is staying in his relative's house, the third respondent herein. 4.The petitioner would state that the third respondent is not their relative and further he has not attained the age of marriage, but when they visited the house of the third respondent, the detenue wearing 'Thali'. It is also stated that under threat and coercion, his daughter is kept by the third respondent. On further enquiry, the detenue would state that she is not kept in the illegal detention by the third respondent as alleged by her father. 5.In view of the above statement of the detenue, no further adjudication is required. Hence, this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) skn 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, Dindigul District, Dindigul.

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

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

10.12.2020 NA (CO) NR (17/12/2020) 3P : 4C 3/3