Madras High CourtHCP(MD)/1277/2019disposed of

A. Packiyam v. The Superintendent Of Police

2020-01-30Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD)No.1277 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P.(MD)No.1277 of 2019 A.Packiyam : Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

3.Mr.Sasi : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondent Nos.1 and 2 to produce the person or body of the petitioner's daughter namely A.Ignes Jerina (17/19) D/o.Anthony, before this Court and handover the custody to the petitioner. For Petitioner : Mr.I.Pinaygash For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

(Order of the Court was made by T.RAJA., J) Mrs.A.Packiyam, who is the mother of the detenue viz., A.Ignes Jerina, has filed this Habeas Corpus Petition seeking a direction to the respondent Nos.1 and 2 to produce the detenu before this Court. 2.Heard Mr.I.Pinaygash, learned counsel appearing for the petitioner and Mr.K.Dinesh Babu, learned Additional Public Prosecutor appearing for the respondents.

3.In the affidavit filed in support of the petition, it is seen that the detenu is 17 years old and she is studying B.Sc Computer Science. On 15.11.2019 the detenu went to the college and thereafter, she did not return home. Thereafter, the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.1277 of 2019 searched the detenu in various places and she came to know that the detenu was kidnapped by the third respondent. Hence, the petitioner lodged a complaint on 17.11.2019 before the second respondent. Pursuant to which, a case has been registered in Crime No.683/2019 for offence under Section 366(A) IPC. Since no effective steps have been taken by the respondents 1 and 2, the present Habeas Corpus Petition has been filed.

4.When the matter was taken up for hearing, the detenu has been produced by the respondent police before this Court. The detenu expressed her willingness to go along with the petitioner, who is the mother of the detenu.

5.Since the detenu expressed her willingness to go along with the petitioner herein, there is no need for further adjudication in this matter. Accordingly, this petition is disposed of. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns To 1.The Superintendent of Police, O/o.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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

+1 CC to Mr.I.PINAYGASH, Advocate ( SR-3954[F] dated 30/01/2020 ) Order made in H.C.P.(MD)No.1277 of 2019 Dated: 30.01.2020 VB(20.02.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2