A.Ameer Abbas Manthiry v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL A.Ameer Abbas Manthiry ... Petitioner/ Father of Detenue vs.
1. The Superintendent of Police, Madurai District,
2. The Inspector of Police, Melur Police Station, Madurai District.
3. B.Nijaar Ahemed ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, against the respondents to produce the body or person of the petitioner's daughter A.Thahirah, aged 21 years, before this Court and set her at liberty. For Petitioner : Mr.A.Senthil Kumar For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor Page No.1 of 6
O R D E R
[Order of the Court was made by M.SUNDAR, J.] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed in this Court on 01.09.2023.
2. Captioned HCP was listed in the Admission Board on 11.09.2023 and another Hon'ble Coordinate Division Bench made the following order:
3. We now deem it appropriate to narrate short facts. Short facts are that HCP petitioner's daughter ['A.Thahirah, aged 21 years (Date of Birth 14.04.2002)' who shall hereinafter be referred to as 'absentee' for Page No.2 of 6
the sake of convenience] is missing from 26.07.2023; that the third respondent has taken away the absentee on 26.07.2023; that captioned HCP is predicated on the fear of the HCP petitioner that absentee may be in illegal detention/unlawful custody of third respondent (to be noted, third respondent is a private respondent and his age is 39 years).
4. Today, Mr.A.Senthil Kumar, learned counsel for HCP petitioner and Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor for official respondents (respondents 1 and 2) are before us.
5. Learned Prosecutor submits that pursuant to the complaint preferred by the HCP petitioner on 26.07.2023, investigation was kickstarted and investigation by the second respondent has brought to light the following facts:
(a) The absentee has left home on her own volition, voluntarily and has not been forcibly taken away by the third respondent; (b) the absentee has married the third respondent and the same has been registered on 29.03.2023 on the file of Thallakulam Sub-Registrar's Office;
(c) the absentee wants to continue the marital tie with the third respondent;
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(d) the HCP petitioner/complainant was informed the complainant came over to police station i.e., Melur Police Station and inter alia the following proceedings:
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The aforementioned proceedings have been received and signed by the HCP petitioner.
6. Aforementioned proceedings are telltale and brings to light that this is not a case of illegal detention or unlawful custody. Therefore, we drop the curtains of the captioned HCP.
7. Captioned HCP disposed of as closed. There shall be no order as to costs.
(M.S., J.) (R.S.V., J.) 09.11.2023 Index : Yes/No Internet : Yes/No PKN To
1. The Superintendent of Police, Madurai District,
2. The Inspector of Police, Melur Police Station, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Page No.5 of 6
M.SUNDAR, J.
and R.SAKTHIVEL, J.
PKN ORDER MADE IN 09.11.2023 Page No.6 of 6