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Madras High CourtHCP(MD)/1593/2023dismissed

G.Perumal v. The Superintendent Of Police

2024-02-22Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MR.JUSTICE C.KUMARAPPAN G.Perumal ... Petitioner vs.

1. The Superintendent of Police, Pudukkottai & District.

2. The Inspector of Police, Gandharvakottai Police Station, Pudukkottai & District.

3. Devan ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 1st and 2nd respondents to produce the body or person of the petitioner's minor daughter namely Thirunageswari D/o. Perumal aged about 17 years before this Hon'ble Court and hand over her to the petitioner For Petitioner : Mr.K.G.Arunkumar For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor Page No.1 of 4

O R D E R

DR.G.JAYACHANDRAN , J.

C.KUMARAPPAN, J.

The daughter of the petitioner went missing on 21.11.2023. Suspecting that she might have eloped with the 3rd respondent, complaint was lodged before the 2nd respondent Police and same was registered in Crime No.586 of 2023 dated 21.11.2023. Thereafter, the present Habeas Corpus Petition is filed to trace the girl and to produce before the Court. 2.

Today, the learned Additional Public Prosecutor submits that the girl was traced at Pollachi, living along with the 3rd respondent and she has attained majority. She is produced before this Court and stated that she is not willing to go with the petitioner/father. 3.

Since the detenue has attained majority and has right to take decision on her own, recording her decision, the Habeas Corpus Petition is dismissed. No costs. However, since the 3rd respondent herein who is also present had enticed the minor girl, the Police has taken appropriate action under the relevant provisions of law. Therefore, nothing survives in this case.

Page No.2 of 4

4.

Hence, the Habeas Corpus Petition is closed. No costs. (G.J., J.) (C.K., J.) 22.02.2024 Index : Yes / No : Yes / No bala To

1. The Superintendent of Police, Pudukkottai & District.

2. The Inspector of Police, Gandharvakottai Police Station, Pudukkottai & District.

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

Page No.3 of 4

DR.G.JAYACHANDRAN , J.

C.KUMARAPPAN, J.

bala ORDER MADE IN DATED : 22.02.2024 Page No.4 of 4