Madras High Court
M.Kasthuri vs The Superintendent Of Police on 31 August, 2023
Author: M.Sundar
Bench: M.Sundar
HCP No.1666 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
H.C.P.No.1666 of 2023
M.Kasthuri
W/o.Murugappan .. Petitioner
Vs.
1. The Superintendent of Police
Pudupet Station
Pudupet, Cuddalore District.
2. The Sub Inspector of Police
Pudupet Station
Cuddalore District.
3. M.Manikandan
S/o.Murugan ..Respondents
Petition filed under Article 226 of the Constitution of India praying for
issuance of a writ of habeas corpus to direct the 1st and 2nd respondents to
produce the minor daughter of the petitioner namely xxxxx D/o. Kasthuri
aged about 16 years before this Honble High Court from the illegal custody
of the 3rd respondent.
For Petitioner : Mr.N.Umapathi
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HCP No.1666 of 2023
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
for R1 and R2
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity, convenience and clarity].
2. Central theme of the captioned HCP is, petitioner's minor daughter one 'xxxxx', aged 16 years [we are masking the name and we shall be referring to her as 'absentee' for obvious reasons] is missing from 31.03.2023, a complaint in this regard has been lodged by the petitioner with jurisdictional police (Pudupettai Police Station, Cuddalore District) on 02.04.2023, the same has been taken on record as FIR No.139 of 2023 dated 02.04.2023 on the file of second respondent police station and the absentee has not been located as yet. Absentee may have been in illegal detention / unlawful custody of third respondent (private respondent) is the apprehension which has impelled the petitioner to present captioned HCP in this Court on 18.08.2023.
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3. Issue notice.
4. Mr.E.Raj Thilak, learned Additional Public Prosecutor accepts notice for official respondents (respondents 1 and 2) and submits on instructions (instructed by Mr.M.Krishna Moorthy, Sub-Inspector of Police, Pudupet Police Station, Cuddalore District) that pursuant to the aforementioned complaint dated 02.04.2023 (Crime No.139 of 2023), investigation was kick started, a special team has been formed, a Special Sub-Inspector of Police is heading the team, investigation thus far does not show any trappings of illegal custody or unlawful detention and the jurisdictional police is hopeful of locating the absentee in four weeks from today i.e., by 28.09.2023.
5. Learned Prosecutor submits that absentee missing from 31.03.2023 is a second episode. Learned Prosecutor submits that in the earlier episode a case under 'the Protection of Children from Sexual Offences Act, 2012' [hereinafter 'POCSO Act' for the sake of convenience and brevity] has been registered qua third respondent and the same is pending in the jurisdictional Court. Be that as it may, as regards this episode on hand, based on the Page Nos.3/6 https://www.mhc.tn.gov.in/judis HCP No.1666 of 2023 complaint of HCP petitioner, FIR has been registered under Section 366(A) of 'the Indian Penal Code, 1860 (Act 45 of 1860)' [hereinafter 'IPC' for the sake of brevity].
6. Let the investigation proceed in accordance with law uninfluenced by this order and let the investigation be carried to its logical end. We make it clear that all the rights of third respondent (private respondent), petitioner, absentee and / or anyone concerned with this case are preserved and this is more so as captioned HCP is being disposed of in the Admission Board when third respondent is not before this Court.
7. On the absentee being located, let the absentee be produced before the jurisdictional Magistrate to record absentee's statement and statements of all concerned with prior intimation to the petitioner (absentee's mother). We are informed that the jurisdictional Magistrate is Judicial Magistrate-II, Panruti. We requisition a report from Judicial Magistrate-II, Panruti, which shall be placed before us in the next listing for this purpose. Registry is directed to communicate a copy of this order to learned Judicial Magistrate- II, Panruti. We also request the learned prosecutor to file a report of second Page Nos.4/6 https://www.mhc.tn.gov.in/judis HCP No.1666 of 2023 respondent.
8. If there is undue delay or if there is any other development, we make it clear that all the rights and contentions of the petitioner, absentee and / or anyone concerned for the absentee and third respondent are preserved and left open for being raised in collateral or similar proceedings. Further we make it clear that it is open to the petitioner to come back to this Court not only with a similar but even same prayer if the need arises / if there are other developments. All the rights of all concerned are preserved.
9. Captioned HCP is disposed of with the aforementioned observations / directives.
(M.S.,J.) (R.S.V.,J.) 31.08.2023 Index : Yes / No Speaking / Non-speaking order Neutral Citation : Yes / No mk P.S: Though the captioned HCP is disposed of, Registry to list the captioned HCP under the cause list caption 'FOR REPORT' on 09.10.2023.
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1. The Judicial Magistrate-II, Panruti.
2. The Superintendent of Police Pudupet Station Pudupet, Cuddalore District.
3. The Sub Inspector of Police Pudupet Station Cuddalore District.
4. The Public Prosecutor High Court, Madras.
H.C.P.No.1666 of 2023
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