T. Mahalakshmi v. The Commissioner Of Police

H.C.P.(MD)No.1278 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI H.C.P.(MD)No.1278 of 2019 T.Mahalakshmi : Petitioner/Mother of the Detenu Vs.

1.The Commissioner of Police, Madurai City,Madurai.

2.The Inspector of Police, AnnaNagar Police Station, Madurai District.

3.Ramesh : 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 respondents 1 and 2 to produce the petitioner's minor daughter namely Sowmiya aged about 16 years, D/o.Thulasiraman, either in person or body before this Court.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

(Order of the Court was made by T.RAJA., J) Mrs.T.Mahalakshmi, who is the mother of the detenu viz., Sowmiya, aged about 16 years, has filed this Hebeas Corpus Petition seeking a direction to the respondent Nos.1 and 2 to produce the petitioner's minor daughter either in person or body before this Court.

2.In the affidavit filed in support of the petition, it is seen that the detenu, who is aged about 16 years old, was missing from 20.11.2019 and on suspicion that the third respondent viz., Mr.Ramesh would be responsible for missing of her daughter, the petitioner lodged a complaint before the second respondent. Pursuant to which, a case has been registered in Crime No.1557 of 2019 on 22.11.2019 under "girl missing". Since no action has been taken by the second respondent, the petitioner has lodged the complaint to the first respondent on 27.11.2019 through Registered Post. So far no action has not been taken by the respondent police, the petitioner is before this Court.

3.Learned Additional Public Prosecutor submitted that the respondent police were able to secure both the detenu and the third respondent from the native place of the third respondent viz., Singarapettai, Thanampadi, Krishnagiri District. He further https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.1278 of 2019 submitted that the third respondent would be produced before the learned Judicial Magistrate No.VI, Madurai and appropriate steps would be taken to register the case against him for taking away the minor girl/detenu, who is 16 years old.

4.Today, when the matter is taken up for hearing, the respondent police has produced the detenu before us and she has been handed over to her mother, who is also present before this Court. 5.In view of the above, this Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Ns To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, AnnaNagar Police Station, Madurai District.

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

Order made in H.C.P.(MD)No.1278 of 2019 Dated: 04.12.2019 SMA/27/12/19/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2