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Madras High CourtCRL OP(MD)/16200/2019closed

M. Niyamathullah v. The Superintendent Of Police

2020-01-09Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.[MD].No.16200 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.16200 of 2019 M.Niyamathullah : Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Office of the Inspector of Police, Central Police Station, Thoothukudi District. 3.Anandkumar 4.Gurusamy : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the respondents 1 and 2 to produce the body or person of my daughter, namely, Benazir, D/o.Niyamathullah, aged 26 years and Mohamed Hamsa S/o. Asarudeen aged about 31/2. For Petitioner : Mr.S.M.A.Jinnah For R-1 and R-2 : Mr.S.Chandrasekaran Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed seeking a direction to the respondents 1 and 2 to produce the body or person of petitioner's daughter, namely, Benazir, D/o.Niyamathullah, aged 26 years and Mohamed Hamsa S/o. Asarudeen, aged about 3-1/2. 2.Today, when the matter is taken up for hearing, the detenue, namely Benazir, D/o.Niyamathullah, and Mohamed Hamsa S/o. Asarudeen are produced before this Court. The petitioner is also present before this Court.

3.The learned counsel for the petitioner would submit that due to certain matrimonial issues, the detenue had left the home on misunderstanding along with her special child. He would submit that if counselling is given to the detenue, she would join with her family. When this Court enquired the detenue, she expressed her willingness to appear before the Mediation and Conciliation Center. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.16200 of 2019 This Court advised both the parties to appear before the Mediation and Conciliation Center attached to this Bench for counselling to be given by Ms.S.J.Anandhavalli. During the counselling, there was reconciliation between the father and his daughter/detenue. 4.After deliberations, the alleged detenue/Benazir has agreed to go with her parents. The parents of the detenue have also agreed that they will not object her from taking employment and that her child, namely, Mohamed Hamza will be taken care of by her parents. 5.The elder sister of the detenue is present before this Court and she is a practicing Advocate before the Sivakasi Bar and she had stated that she shall take steps to care of her own sister/detenue and her child.

6.Recording the same, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Office of the Inspector of Police, Central Police Station, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The Co-ordinator, Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai.

5.Ms.S.J.Anandhavalli, Mediator, Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.M.A.JINNAH, Advocate ( SR-1733[F] dated 13/01/2020 ) Crl.O.P.[MD].No.16200 of 2019 09.01.2020 sji SDS (18.02.2020) 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2