Madras High CourtHCP(MD)/1357/2019dismissed as infructuous

Rajammal v. The Commissioner Of Police

2020-01-06Honourable Mr Justice T.Raja,Honourable Mr Justice B.Pugalendhi2 pages

H.C.P.(MD)No.1357 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI H.C.P.(MD)No.1357 of 2019 Rajammal, W/o.Ravikumar ... Petitioner Vs.

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

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the person or body of the detenue namely Jothi (minor) daughter of Ravikumar, aged about 18 years, before this Court and hand over her to the petitioner.

For Petitioner : Mr.S.Muniyandi For Respondents : Mr.K.Dinesh Babu Additional Public Prosecutor

ORDER

[Order of the Court was made by T.RAJA, J.] This Habeas Corpus Petition has been filed by Rajammal, mother of the detenue, seeking a direction to the respondents 1 and 2 to produce the person or body of the detenue namely Jothi (minor), daughter of Ravikumar, aged about 18 years, before this Court and hand over her to the petitioner.

2.Today, when the matter is taken up for hearing Mr.K.Dinesh Babu, learned Additional Public Prosecutor submitted that the prayer sought for in the present Habeas Corpus Petition has become infructuous, since the detenue was already secured on 24.12.2019 along with one Seenu, Auto Driver and finding that the detenue was aged about 17 years on the date of missing i.e., on 01.12.2019, a case was registered in Crime No.560 of 2019 for 'Girl Missing' by the second respondent Police and after the detenue was secured along with the said Seenu, Auto Driver, the said case was altered into Section 366(A) IPC and Sections 4, 5(l) and 6 of the POCSO Act. https://hcservices.ecourts.gov.in/hcservices/ 1/2

H.C.P.(MD)No.1357 of 2019 3.Recording the abovesaid submission of the learned Additional Public Prosecutor, this Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) SMN2 To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

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

H.C.P.(MD)No.1357 of 2019 06.01.2020 SMA/24/01/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2