Eswaran v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2022
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Eswaran .. Petitioner Vs.
1.The State rep. by The Superintendent of Police, Dindigul District, Dindigul.
2.The Station House Officer, Pattiveeranpatti Police Station, Dindigul District.
3. Paulraj .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus to direct the respondents 1 and 2 to produce the person or body of the petitioner's minor daughter, the detenu namely, Minor.Sivaranjini, D/o.Eswaran, aged about 15 years before this Court and hand over the custody to the petitioner.
For Petitioner : Mr.RM.Arun Swaminathan For Respondents 1 & 2 : Mr.S.Ravi, Additional Public Prosecutor
ORDER
J.NISHA BANU, J.
N.ANAND VENKATESH, J.
The father of the detenue named, Minor.Sivaranjini, had filed this Habeas Corpus Petition to produce the body of her minor daughter, who went missing from 01.05.2022 and who was only aged about 15 years.
2. When the matter was taken up for hearing today, the detenu was produced before this Court by the second respondent police. We enquired the detenue and she stated that she developed relationship with one Paulraj and she went along with him. Thereafter, she decided not to stay
with him and to join with her parents. Accordingly, the detenu got back to her parents and thereafter, the parents brought the detenu to the second respondent police. The detenu made it very clear that now she wants to go along with her parents and she will not go with the said Paulraj.
3. The learned Additional Public Prosecutor submitted that based on the complaint given by the petitioner, an FIR has been registered in Crime No.109 of 2022 was subsequently altered for the offence under Section 366(A) IPC and 5(l) r/w.6 of POCSO Act and investigation is pending against the above said Paulraj.
4. Recording the above, this Habeas Corpus Petition is disposed of.
(J.N.B.,J.) (N.A.V.,J.) 12.10.2022 Index : Yes/No Internet : Yes rm
To 1.The State rep. by The Superintendent of Police, Dindigul District, Dindigul.
2.The Station House Officer, Pattiveeranpatti Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
J.NISHA BANU,J.
N.ANAND VENKATESH, J.
rm 12.10.2022