Madras High Court
S.Raja vs The Superintendent Of Police on 4 January, 2019
Author: R.Subbiah
Bench: R.Subbiah, B.Pugalendhi
1
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.1800 of 2018
S.Raja : Petitioner
Vs.
1.The Superintendent of Police,
Sivagangai District,
Sivagangai.
2.The Inspector of Police,
Taluk Police Station,
Sivagangai,
Sivagangai District.
3.Kaleeswaran
4.Veerapathiran
5.Amirtham
6.Arumugam : 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 and 2nd respondents to produce the body of the detenu namely
Sathya, D/o.Raja aged about 17 years before this Court and hand over
the custody to the petitioner.
For Petitioner : Mr.R.Rajesh
For R1 & R2 : Mr.K.Dinesh Babu
Additional Public Prosecutor
http://www.judis.nic.in
2
ORDER
****** [Order of the Court was made by R.SUBBIAH, J] This Habeas Corpus Petition has been filed by the petitioner to produce his daughter namely,Sathya.
2.In the affidavit filed in support of this petition, it has been averred that the detenu is studying B.A, II year and she was found missing on 20.11.2018. On suspecting that the respondent Nos.3 to 6 have kidnapped the detenu, the petitioner lodged a complaint on 05.12.2018 before the second respondent. Pursuant to which, a case has been registered in Crime No.305 of 2018 for offence under Section 363 IPC. Since no effective steps were 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 father of the detenu.
http://www.judis.nic.in 3
4.The learned Additional Public Prosecutor submitted that after securing the detenu, the case was altered into one under Sections 366A, 109, 101 and 120 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, the Habeas Corpus Petition is closed.
[R.P.S., J.] & [B.P., J.]
04.01.2019
Index : Yes/No
Internet : Yes/No
Ns
To
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Taluk Police Station, Sivagangai, Sivagangai District.
3.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.1800 of 2018 Dated: 04.01.2019 http://www.judis.nic.in