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Madras High CourtHCP(MD)/1190/2020closed

Dharmarajan v. The Superintendent Of Police

2021-01-19Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan2 pages

H.C.P.(MD) No.1190 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE G.ILANGOVAN H.C.P.(MD) No.1190 of 2020 Dharmarajan ... Petitioner -vs1.The Superintendent of Police, Sivagangai, Sivagangai District.

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

3.Deeparaja ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus directing the second respondent to produce the person or body of the detenu, the petitioner's daughter namely, Ilavarasi @ Dhevatharshini, D/o.Dharmarajan, aged 21 years before this Court and set her at liberty.

For Petitioner :

Mr.M.Solaisamy For Respondents :

Mr.K.Dinesh Babu Additional Public Prosecutor for R1 & R2 : Mr.S.Ramakrishnan for Mr.B.Jameel Arasu for R3

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] This habeas corpus petition has been filed seeking direction to the second respondent to produce the petitioner's daughter, namely, Ilavarasi @ Dhevatharshini, aged 21 years before this Court and set her at liberty.

2.The petitioner would claim that he is having one son and one daughter, who is the detenu herein. It is also stated that the detenu has successfully completed her bachelor Engineering Course and now, she searching for job. While so, she found missing from 28.11.2020. In this regard, he lodged a complaint to the second respondent and the same was registered in CSR.No.826 of 2020. He https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD) No.1190 of 2020 would also state that he was informed that his daughter was kept under the illegal custody of the third respondent and hence, the present habeas corpus petition has been filed. 3.When the matter is taken up for hearing today, the detenu along with third respondent appeared before this Court through Video Conferencing and stated that she married the third respondent on 11.12.2020 at Nagammal Thirukovil in Madurai, she is not interested or willing to go with the petitioner and she wants to live with her husband/third respondent herein.

4. In the light of the statement of the detenu, nothing survives for consideration in this habeas corpus petition and hence, this petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) am 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, Sivagangai, Sivagangai District.

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

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

H.C.P.(MD) No.1190 of 2020 19.01.2021 VB (05.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2