V. Neppolian v. The Superintendent Of Police

H.C.P.(MD) No.1630 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN H.C.P.(MD) No.1630 of 2021 V.Neppolian

...Petitioner /

Father of the Detenu Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, West Police Station, Kovilpatti, Thoothukudi District.

...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 to produce the body or person of the petitioner's daughter, by name, N.Nandhini, daughter of V.Neppolian, aged about 18 years, before this Court and set her at liberty within the time stipulated by this Court.

For Petitioner : Mr.S.Malaikani For Respondents : Mr.S.Ravi Additional Public Prosecutor

O R D E R

S.VAIDYANATHAN, J.

And DR.G.JAYACHANDRAN, J.

This Habeas Corpus Petition is filed by the father alleging that his daughter aged 19 years, Aadhaar No.5164 1174 0758, who boarded the train at Kovilpatti on 09.09.2021 is found missing and there is no communication from his daughter.

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H.C.P.(MD) No.1630 of 2021 2.The respondent police has made the investigation and found that the girl, who was studying second year B.Sc., Nursing at Sri Krishna College of Nursing at Mahalaskhminagar, Batawadi, Tumkur, State of Karnataka, had developed affair with one Anand and had married him and living at Thumkur. Knowing that the petitioner herein has given a complaint to the Thumkur Police Station, Karnataka and the Thumkur police has investigated the case and found that the major girl of the petitioner has voluntarily married Anand and living peacefully and hence, the complaint of the petitioner given to the Thumkur Police, Karnataka, was closed on 18.10.2021. 3.

The learned counsel for the petitioner would submit that this information was already furnished to the respondent police while they enquired them in consequence to this Habeas Corpus Petition. 4.Taking note of the fact that the daughter of the petitioner herein is alive and she is major and on her own volition, she had married one Anand and living peacefully at Thumkur, Karnataka, there is no scope for this Court to interfere under Article 226 of the Constitution of India. Hence, 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, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, West Police Station, Kovilpatti, Thoothukudi District.

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

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