Madras High CourtHCP(MD)/1181/2020closed

Rajalakshmi v. The Superintendent Of Police

2020-12-21Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

H.C.P.(MD) No.1181 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI H.C.P.(MD) No.1181 of 2020 Rajalakshmi ... Petitioner -vs1.The Superintendent of Police Sivagangai District, Sivagangai 2.The Inspector of Police Poovanthi Police Station Sivagangai District (In Crime No.267/2020) 3.Vijay ... 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 detenue namely Narmadha, aged 16 years, before this Court for eventual restoration to the custody of the petitioner herein.

For Petitioner :

Mr.T.Kumar For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] The petitioner has filed this habeas corpus petition seeking direction to the respondents to produce her daughter, namely, Narmadha, aged 16 years, before this Court and set her at liberty.

2. It is the case of the petitioner that she is having three children and the detenue Narmadha is studying 12th Standard in St.Justin Matriculation Higher Secondary School, Sivagangai and she is found missing from 11.12.2020 and hence, she lodged a complaint before the second respondent - Police. Since no appropriate action was taken by the respondent - Police, the present habeas corpus petition.

3. When the matter is taken up for hearing, Mr.K.Dinesh Babu, who takes notice for the respondents 1 and 2, would submit that the third respondent kidnapped the detenue on 10.12.2020 and both of them were secured by the second respondent on 17.12.2020 and the https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1181 of 2020 third respondent has been remanded to judicial custody by the POCSO Court, Sivagangai.

4. The petitioner and her daughter / detenue appeared before this Court through Video Conferencing from the Office of the Public Prosecutor. On enquiry, the petitioner would state that her daughter / detenue is now with her from 17.12.2020.

5. In the light of the above submission of the petitioner, the relief sought for in this habeas corpus petition has become infructuous and the same is therefore dismissed as infructuous. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

krk To:

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

2.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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

H.C.P.(MD) No.1181 of 2020 21.12.2020 SVN(CO) KB(06.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2