Judgment · High Court
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED:28.04.2011CORAM:THE HONOURABLE MR.JUSTICE S.RAJESWARANandTHE HONOURABLE MR.JUSTICE G.M.AKBAR ALIH.C.P.(MD)No.234 of 2011R.Allirani :Petitioner-Vs-1.The Inspector of Police, Thottiyam Police Station, Thottiyam, Trichy District. 2. Minor Jegadeesan, represented by his mother and natural guardian-4th respndent3.Kumaravel4.Pappa @ Saroja: RespondentsPrayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus directing the firstrespondent to produce the body of the detenue namely Sandhiya,D/o.Allirani aged about 16 years before this Court who is inillegal custody of the second respondent and handover thecustody of the detenue to the petitioner. For Petitioner : Mr.N.R.Balaji Srinivasan for M/s.Hallmark AssociatesFor Respondents: Mr.P.N.Pandidurai, Addl. Public Prosecutor for R1ORDER(Order of the Court was made by S.RAJESWARAN, J.)The petitioner is the mother of the detenue-Minor Sandhiya. On 18.02.2011, at about 8.30 p.m., the detenue, who was sleepingat the porch of her house was found missing. Efforts taken bythem to trace the girl were in vain. Hence the above petition. 2. Today, the detenue-girl was produced by the respondent-Police before this Court. The detenue is a minor and she statesthat she is under the custody of her father only. Her father hasalso come before this Court and he has stated that the detenueis with him. The petitioner is not present before this Court, but the learned counsel for the petitioner is present. https://hcservices.ecourts.gov.in/hcservices/
In view of the fact that the detenue is now under thecustody of her natural guardian-father and there is no illegaldetention by anyone much less the respondents herein, thelearned counsel for the petitioner submitted that this petitionmay be closed recording the statement made by the detenue andliberty may be given to the petitioner for seeking appropriaterelief in the appropriate forum. 4. Recording the statement made on the side of the detenueand also the learned counsel for the petitioner, this HabeasCorpus Petition is closed. Liberty is given to the petitioner toseek appropriate relief in the appropriate forum. Sd/-Deputy Registrar (LA)/ TRUE COPY /Assistant RegistrarTo:1.The Inspector of Police, Thottiyam Police Station, Thottiyam, Trichy District. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.KMRP/14.06.2011/2P/3C.H.C.P.(MD)No.234 of 201128.04.2011
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