R.Balakrisnan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2022
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE SUNDER MOHAN H.C.P.(MD)No.1895 of 2022 R.Balakrishnan .. Petitioner/ guardian of the Detenu Vs.
1.The Superintendent of Police, Thanjavur.
2.The Inspector of Police, Orathanadu Police Station, Orathanadu, Thanjavur District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the respondent police to produce the person or body of the minor detenu, by name, Vishanhini, daughter of R.Ganesan, aged 17 years, female, before this Court and handover the custody to the petitioner/guardian.
For Petitioner : Mr.C.Senthil Kumar For Respondents : Mr.R.Meenakshisundaram Additional Public Prosecutor
ORDER
DR.G.JAYACHANDRAN, J.
and SUNDER MOHAN, J.
The petitioner, who is the paternal junior uncle of the minor girl has filed this habeas corpus petition for issuance of writ of habeas corpus to trace the minor girl alleging that the parents of the minor girl died few years back and he was taking care of the minor girl giving proper education. About a year ago, she eloped with one Siva of Osur and after complaint, the minor girl was traced and handed over to his custody. While so, the girl is again missing but his complaint has not been registered by the second respondent. Hence, the present petition.
2. The learned Additional Public Prosecutor appearing for the State submitted that the minor girl gone missing for the second time and on the
complaint given by the petitioner herein, a case in Crime No.1371/2022 was registered on 22.11.2022 and with the available clue, the whereabouts of the girl is being traced.
3. This Court, from the records, find that the missing girl is about 171⁄2 years old. She had earlier eloped with one Siva and restrained back at the intervention of the police. Again she has gone missing. Pursuant to the complaint by the petitioner, the police has registered a case and pursuing the complaint. In such circumstances, this Court finds that there is no necessity to keep this petition pending. However, a direction to the respondent is suffice.
4. Accordingly, this Habeas Corpus Petition is disposed of with the following directions:
"The respondent police shall form a special team to find the whereabouts of the girl and report the outcome to the complainant/petitioner herein. The complainant/petitioner also, if he gets any information about the missing girl can share the
information to the respondent police to expedite the completion of the investigation."
[G.J.,J.] & [S.M.,J.] 06.12.2022 Index: Yes/No Internet:Yes/No PJL To 1.The Superintendent of Police, Thanjavur.
2.The Inspector of Police, Orathanadu Police Station, Orathanadu, Thanjavur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
DR.G.JAYACHANDRAN, J.
and SUNDER MOHAN, J.
PJL H.C.P.(MD)No.1895 of 2022 06.12.2022