Madras High Court
V.Eswari vs State Rep By on 4 January, 2019
Author: R.Subbiah
Bench: R.Subbiah, B.Pugalendhi
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND
THE HONOURABLE MR. JUSTICE B.PUGALENDHI
H.C.P.(MD)No.1694 of 2018
V.Eswari : Petitioner
Vs.
1.State rep by
The Inspector of Police,
Mudhukulathur Police Station,
Ramanathapuram District.
2.Senthoor : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of
India praying for the issue of a Writ of Habeas Corpus, directing the
1st respondent to produce the person or body of the detenu namely
Minor Vanitha, D/o.Vazhivittan, aged about 15 years, daughter of the
petitioner from the illegal custody of the 2nd respondent before this
Court and set her at liberty.
For Petitioner : Mr.t.Gunasekarapandian
For R1 : Mr.K.Dinesh Babu
Additional Public Prosecutor
http://www.judis.nic.in
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ORDER
****** [Order of the Court was made by R.SUBBIAH, J] This Habeas Corpus Petition has been filed by the petitioner to produce her daughter namely, Minor Vanitha.
2.In the affidavit filed in support of this petition, it has been averred that the petitioner is the mother of the detenu and on 17.09.2008 she was found missing. On suspecting that the second respondent has abducted the detenu, she lodged a complaint before the first respondent. Pursuant to which, a case has been registered in Crime No.121 of 2018. Since no effective steps taken, the present Habeas Corpus Petition has been filed.
3.When the matter was taken up for hearing, the detenu has been produced by the respondent police. On enquiry, she expressed her willingness to go along with the petitioner, who is the mother of the detenu.
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4.The learned Additional Public Prosecutor submitted that the detenu was secured and the second respondent was arrested and the case was altered into one under Section 366A IPC and Sections 5(1) and 6 of POCSO Act.
5.Since the detenu expressed her willingness to go along with the petitioner herein, there is no need for further adjudication in this matter. Accordingly, this petition is closed.
[R.P.S., J.] & [B.P., J.]
04.01.2019
Index : Yes/No
Internet : Yes/No
Ns
To
1.The Inspector of Police,
Mudhukulathur Police Station, Ramanathapuram District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 4 R.SUBBIAH, J AND B.PUGALENDHI, J Ns Order made in H.C.P.(MD)No.1694 of 2018 Dated: 04.01.2019 http://www.judis.nic.in