Uma Rani v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2022
CORAM
The Honourable Mrs. Justice J.NISHA BANU The Honourable Mr. Justice N.ANAND VENKATESH H.C.P.(MD)No.1682 of 2022 Uma Rani .. Petitioner /mother of the detenue Vs.
1.The Superintendent of Police, Superintendent of Office Trichy District 2.The Inspector of Police, Vaathalai Police Station, Kariyamaanikkam, Trichy District.
3.Ahith 4.Rajangam 5.Suseela 6.Siva 7.Logeshwari .. Respondents
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to direct the 1st and 2nd respondents to produce the body or person of the detenue, the petitioner's daughter namely Rashika D/o.Murugesan aged about 19 yeas before this Court and set her at liberty. For Petitioner : Mr.J.Saravanakumar For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
J.NISHA BANU, J.
N.ANAND VENKATESH, J This petition has been filed by the mother of the detenue to produce the body of her daughter, who is said to be missing from 28.03.2022 onwards.
2.The learned Additional Public Prosecutor, on instructions from the second respondent, viz., Mr.R.Vijaygolden singh, Inspector of Police, submitted that the girl is aged about 19 years and she went missing from 28.03.2022 onwards. Based on the complaint given by the petitioner, an FIR came to be registered in Crime No.69/2022. In the course of
investigation, the detenue was secured and she had been brought to the police station and the father of the detenue was also called to the police station. It seems that the detenue has a love affair and she was not willing to go along with her father, since she apprehended that her parents will forcibly marry her to somebody else. Accordingly, the detenue is said to be staying with her friend, who is the 7th respondent in this petition.
3. In the considered view of this Court, the detenue is a major and it is important to ascertain the wishes of the detenue. Hence, we deem it fit to direct the second respondent to produce the detenue before the Judicial Magistrate, Musiri. On the day when the detenue is produced before the Magistrate, the police shall also inform the parents about the same. They shall also be present before the learned Magistrate. The learned Magistrate shall record the statement of the detenue and the parents and act according to the wishes of the detenue. Based on the same, it is left open to the second respondent to take a decision in the pending FIR in Crime No.69/2022.
4. This Habeas Corpus Petition is disposed of with the above direction. No costs.
(J.N.B.,J.) (N.A.V..,J.) 13.10.2022 Internet : Yes RR To 1.The Superintendent of Police, Superintendent of Office Trichy District 2.The Inspector of Police, Vaathalai Police Station, Kariyamaanikkam, Trichy District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
J.NISHA BANU, J.
N.ANAND VENKATESH,J.
RR H.C.P.(MD)No.1682 of 2022 13.10.2022