Madras High CourtHCP(MD)/1090/2024closed

Amjath Roja v. The Superintendent Of Police

2024-10-03Honourable Mr Justice C.V. Karthikeyan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE Ms.JUSTICE R.POORNIMA H.C.P.(MD) No.1090 of 2024 Amjath Roja ... Petitioner Vs

1. The Superintendent of Police, O/o. the Superintendent of Police, Madurai District.

2. The Inspector of Police, O/o. Cholavandhan Police Station, Madurai District.

3. Krishna

4. Jeyandiran

5. Jeyalakshmi

6. Kumar

7. Selvam ... 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 body or person of the petitioner's daughter namely Sameera, 1/4

D/o. Peer Mohammed aged about 17 years before this Court and hand over to the petitioner forthwith.

For Petitioner : Mr. S.M.A.Jinnah For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor.

O R D E R

This Habeas Corpus Petition has been filed to direct the respondents 1 and 2 to produce the petitioner's daughter namely, Sameera, D/o. Peer Mohammed.

2.Even in the previous hearing, dated 23.09.2024, the detenue had been produced. She is a minor girl. She was born on 15.06.2007. Even though we had informed the detenue that the third respondent has a history of earlier affairs with other girl like her and a case has also been registered against him, still she expressed her opinion that she want to go with the third respondent. 3.Since the detenue is a minor, we handed over her custody to Muthupatti Sakthi Vidyal Home in Madurai. She is now in that Home. Let her continue to stay at the Home till she attains the age of majority. 2/4

The respondent may proceed further with the investigation in Cr.No.209 of 2021 registered against the third respondent and ensure that Rule of law is followed during the course of investigation. 4.In view of the above, no further order is required. This Habeas Corpus Petition stands closed.

(C.V.K., J.) (R.P., J.) 03.10.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No PNM To

1. The Superintendent of Police, O/o. the Superintendent of Police, Madurai District.

2. The Inspector of Police, O/o. Cholavandhan Police Station, Madurai District.

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

3/4

C.V.KARTHIKEYAN, J.

and R.POORNIMA, J.

PNM ORDER MADE IN H.C.P.(MD) No.1090 of 2024 03.10.2024 4/4