M.Dasaiah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HON'BLE MR JUSTICE SUNDER MOHAN M.Dasaiah ... Petitioner -vs1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Puliangudi Police Station, Tenkasi District.

3.Manojkumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the detenue namely D.Gowri (aged 17 years) D/o.Dasaiah before this Court and hand over her custody to the petitioner. 1/4

For Petitioner : Mr.K.Sankar For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

DR.G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

The petitioner is the father of the minor girl aged 17 years. From 26.11.2022 she went missing and the petitioner has given a complaint to the respondent police on the same day. Since there was no effective steps taken by the police to secure the missing girl, he has approached this Court seeking issuance of writ of habeas corpus.

2. Today when the matter was taken up for considering, the learned Additional Public Prosecutor appearing for the respondents 1 & 2 submitted that the girl was under the illegal custody of the third respondent Manojkumar and she has been secured and handed over to her parents. The case was registered against the said Manojkumar under the POCSO Act. Today the respondent police has 2/4

produced the girl before this Court. The petitioner also present before this Court and he states that his daughter been secured by the police and presently she is in his custody.

3. In view of the above fact, nothing survives in the habeas corpus petition and hence, this petition is dismissed.

[G.J.,J.] [S.M.,J.] Index : Yes / No 20.01.2023 Internet : Yes / No am To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Puliangudi Police Station, Tenkasi District.

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

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DR.G.JAYACHANDRAN,J.

SUNDER MOHAN,J.

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