S.Nithya v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR S.Nithya ... Petitioner -vs1.The Commissioner of Police, Madurai City, Alagar Kovil Main Road, Madurai.

2.The Inspector of Police, Thilagarthidal Police Station, Madurai City.

3.K.Karthikeyan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the respondents 1 & 2 to produce the body or persons of the detenu namely Swetha, daughter of Sivakumar, aged about 19 years, before this Court and set her at liberty.

For Petitioner : Mr.P.Banuprasath For R1 & R2 :Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R3 :Mr.P.Suresh

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeas Corpus Petition has been filed by the mother of the detenu seeking to produce the alleged detenu namely Swetha, daughter of Sivakumar, aged about 19 years, before this Court and set her at liberty.

2. The case of the petitioner is that her daughter Swetha, aged about 19 years, who was studying B.Com., was found missing from 09.07.2024. Since whereabouts of her daughter is not known, the petitioner has given a complaint to the second respondent police on 24.07.2024. During the enquiry, she came to know that the third respondent had abducted her daughter.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that based on the complaint given by the petitioner, a case in Cr.No.332 of 2024

was registered for 'Woman Missing'. During the course of investigation, it came to light that the petitioner's daughter has married the third respondent on 08.07.2024 and the marriage was also registered at HMR/Nagal Nayakkampatti/72/2024 Registrar Office.

4. The missing person is present before this Court today through her counsel. We enquired the missing person. She submitted that she is major, aged about 19 years and she got acquainted with the third respondent and he was employed in her grand-father grocery shop. She on her own volition left with the third respondent and they married and the marriage was also registered.

5. Finding that the alleged missing person is not in illegal detention of anybody, hence, this habeas corpus petition is closed. [A.D.J.C., J.] [K.R.S., J.] NCC : Yes / No 31.07.2024 Index : Yes / No Internet : Yes / No am

To:

1.The Commissioner of Police, Madurai City, Alagar Kovil Main Road, Madurai.

2.The Inspector of Police, Thilagarthidal Police Station, Madurai City.

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

A.D.JAGADISH CHANDIRA, J.

AND K.RAJASEKAR, J.

am 31.07.2024