Rasammal v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA Rasammal ... Petitioner / Mother of the Detenu Vs.

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

2.The Inspector of Police, Moolaikaraipatti Police Station, Tirunelveli District.

3.Raja ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents herein to produce the body or person of the petitioner's daughter Rohinipriya (18 years) D/o.Thangaraj before this Court and set him at liberty.

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For Petitioner : Mr.P.Veerapandi For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor.

For R1 & R2

O R D E R

(Order of the court was delivered by G.R.Swaminathan, J.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 & 2.

2. The petitioner is the mother of the detenue. The petitioner alleges that she has been abducted by the third respondent. Since the second respondent failed to trace her daughter, the present habeas corpus petition came to be filed.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the petitioner's daughter is aged about 20 years and that she has already got married to the third respondent. Based on the petitioner's complaint, Crime No.236 of 2024 was registered by the second respondent. The girl was secured. The petitioner was also summoned to the police station. The petitioner's 2/4

daughter informed the petitioner that she would go only with the third respondent. Written statement was also taken from the petitioner's daughter. The mother had also counter signed the said statement. Thereafter, an action dropped report was also filed. In these circumstances, the present habeas corpus petition is clearly not maintainable. The Habeas Corpus Petition is dismissed. (G.R.S. J.,) & (R.P. J.,) 11.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi To:- 1.The Superintendent of Police, O/o. The District Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Moolaikaraipatti Police Station, Tirunelveli District.

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

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

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