Madras High Court
Elangovan vs The Superintendent Of Police on 3 August, 2022
Bench: S.Vaidyanathan, A.D.Jagadish Chandira
HCP No. 1365 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2022
Coram
The Hon'ble Mr. Justice S.VAIDYANATHAN
and
The Hon'ble Mr. Justice A.D.JAGADISH CHANDIRA
H.C.P. No. 1365 of 2022
Elangovan .. Petitioner
Vs.
1.The Superintendent of Police,
Erode District.
2.The Inspector of Police,
Ammapet Police Station,
Erode District. .. Respondents
Petition filed under Article 226 of the Constitution of India praying to
issue a writ of Habeas Corpus directing the respondent herein to secure the
detenue who is the daughter of the petitioner namely Minor Sarjana aged
about 17 years and produce her before this Hon'ble Court hand over her
custody to the petitioner.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
HCP No. 1365 of 2022
For Petitioner : Mr.R.Nalliyappan
For Respondents : Mr.M.Babu Muthumeeran
Addl. Public Prosecutor
ORDER
S.VAIDYANATHAN, J., and A.D.JAGADISH CHANDIRA, J., This Habeas Corpus Petition has been filed by father seeking production of his minor daughter namely Sarjana, aged about 17 years, before this Court.
2. It is the case of the petitioner that his daughter Sarjana, aged 17 years, born on 22.08.2005, was found missing from her house on 07.06.2022. On a complaint given by the petitioner to the respondent police, a case in Cr. No.162 of 2020 was registered under the caption “Girl Missing”. Since no further action has been taken by the respondent police, the present Habeas Corpus Petition is filed. Page 2 of 5 https://www.mhc.tn.gov.in/judis HCP No. 1365 of 2022
3. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that based on the complaint given by the petitioner, the case in Cr. No.162 of 2022 was registered by the second respondent police under the caption “Girl missing”. He would further submit that during the course of investigation, it was found that one Prakash had induced the minor girl / petitioner's daughter and had kidnapped her and the alleged detenue had been secured at Tiruchengode. During the course of investigation, it was found that the accused Prakash had subjected the detenue to sexual assault and thereby he was arrested and the case was altered to one under Section 366 IPC, 9 of POCM Act & 5(l) r/w. 6 of POCSO Act. He would submit the accused had been remanded to judicial custody and the alleged detenue has also been subjected to medical examination. Since the alleged detenue had expressed her willingness to go along with her father, the petitioner herein, the alleged detenue has been handed over to the petitioner.
4. The learned counsel for the petitioner submitted that the daughter of the petitioner has been handed over to the petitioner and in view of the Page 3 of 5 https://www.mhc.tn.gov.in/judis HCP No. 1365 of 2022 same, nothing survives for further adjudication in this case.
5. In view of the above submissions, the Habeas Corpus Petition stands Closed.
(S.V.N.,J.) (A.D.J.C.,J.)
03.08.2022
Index: Yes/No
bkn
To:
1.The Superintendent of Police,
Erode District.
2.The Inspector of Police,
Ammapet Police Station,
Erode District.
3.The Public Prosecutor,
High Court, Madras.
Page 4 of 5
https://www.mhc.tn.gov.in/judis HCP No. 1365 of 2022 S.VAIDYANATHAN, J., and A.D.JAGADISH CHANDIRA, J., bkn H.C.P. No. 1365 of 2022 03.08.2022 Page 5 of 5 https://www.mhc.tn.gov.in/judis