M. Sundari v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA H.C.P.(MD) No.1446 of 2024 M.Sundari ... Petitioner / Mother of the Detenue Vs.

1.The Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Ponnamaravathy Police Station, (in Cr.No.268 of 2023), Pudukkottai District.

3.Ragul ... 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 second respondent to produce the person or body of the petitioner's daughter Priyadharshini daughter of Malaiyandi aged about 19 years before this Court and set her at liberty.

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For Petitioner : Mr.N.Palaniyandi For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1 & R2

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for R1 & R2.

2. The petitioner is the mother of the detenue. The petitioner complains that her daughter is missing since 09.12.2023. This habeas corpus petition came to be filed on the basis that the second respondent has not traced the missing daughter.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor pointed out that based on the petitioner's complaint, Crime No.268 of 2023 was registered by the second respondent. It turned out that the petitioner's daughter got married to the third respondent herein and it was also duly registered on 11.12.2023. The girl was produced before the second respondent. The petitioner was also present. The petitioner had given a written letter on 25.05.2024 for closing the complaint itself. Based on the petitioner's letter, Crime No. 2/4

268 of 2023 was closed as 'action dropped'. It is surprising that none of these developments have been disclosed in the affidavit filed in support of this petition. We are satisfied that this is not a case of illegal detention. The Habeas Corpus Petition is dismissed. (G.R.S., J.) (R.P., J.) 21.11.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi To 1.The Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Ponnamaravathy Police Station, Pudukkottai 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.

rmi ORDER MADE IN H.C.P.(MD) No.1446 of 2024 21.11.2024 4/4