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Madras High CourtHCP(MD)/831/2025closed

S. Deepa v. The State Of Tamilnadu

2025-08-13Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI HABEAS CORPUS PETITION(MD)No.831 of 2025 S.Deepa ... Petitioner vs.

1. The Superintendent of Police Virudhunagar District Virudhunagar 2.The Inspector of Police Veeracholan Police Station, Virudhunagar District ... 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 body or person of the petitioner's daughter namely Meenakshi, D/o.Saravanan aged about 16 years and handover to the petitioner before this Court.

Page No.1 of 6

For Petitioner : Mr.K.Rajiv Gandhi For Respondents: Mr.B.Nambi Selvan No.1 and 2 Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Habeus Corpus Petition has been filed to direct the respondents to produce the body or person of the petitioner's daughter namely Meenakshi, D/o.Saravanan aged about 16 years and handover to the petitioner.

2. The case of the petitioner is that her minor daughter (xxxx)was studying XII standard in Government Higher Secondary School, Veeracholan, Virudhunagar. On 12.07.2025 at about 1.30 a.m.,the petitioner had found her minor daughter missing from the house. Despite enquiry the petitioner was unable to find out her daughter, thereby she lodged complaint before the second respondent on 12.07.2025 and the second respondent registered a case in Crime No.53 of 2025 for 'Girl missing'. However the respondent police have Page No.2 of 6

not taken steps to find out the whereabouts of the missing girl, thereby the present petition has been filed.

3. The learned Additional Public Prosecutor would submit that the missing girl is aged about 16 years and she is the daughter of the petitioner herein. Based on the complaint given by the petitioner a case in Crime No.53 of 2025 was registered for 'Girl missing' . During the course of investigation it came to light that the one Rajkumar who is the relative of the petitioner had impregnated the missing girl and later without the knowledge of the petitioner had abducted her and taken her to Ramanathapuram. The police party went in search of the missing person and secured her and they are also taking steps to arrest the said Rajkumar and now the case has been altered to the provisions under the POCSO Act.

4. The victim girl was produced before this Court. She was found to be pregnant by seven months. We enquired the missing girl. She submitted that she had gone along with one Rajkumar who is Page No.3 of 6

related to her and she expressed her unwillingness to go along with her mother.

5. In view of the pendency of the case in Crime No.53 of 2025 and the refusal of the missing person to go along with the petitioner the missing person is directed to be kept in MMMCC Home, Pandiyan Nagar, Virudhunagar.

6 With the above direction, the Habeus Corpus Petition stands closed.

[A.D.J.C., J.] [L.V.G., J.] 13.08.2025 Index : Yes / No aav Note: Issue order copy on 13.08.2025 Page No.4 of 6

To:

1. The Superintendent of Police Virudhunagar District Virudhunagar 2.The Inspector of Police Veeracholan Police Station, Virudhunagar District .

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

4. The Officer- in- charge MMMCC Home, Pandiyan Nagar, Virudhunagar Page No.5 of 6

A.D.JAGADISH CHANDIRA, J.

AND L. VICTORIA GOWRI, J.

aav ORDER MADE IN DATED : 13.08.2025 Page No.6 of 6