Madras High Court
Mrs.Malar vs The Superintendent Of Police on 15 July, 2016
Author: V.Bharathidasan
Bench: V.Bharathidasan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.07.2016 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN H.C.P.No.592 of 2016 Mrs.Malar .. Petitioner vs. 1.The Superintendent of Police, Krishnagiri District. 2.The Sub Inspector of Police, Kallavi Police Station, Uthangarai Taluk, Krishnagiri District. 3.Vinoth 4.Chinnammal 5.Viji 6.Arunachalam 7.Vignesh .... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents 1 & 2 to secure the petitioner's daughter namely, Selvi M.Srividhya, aged 17 years and produce her before this Court and set her at liberty. For Petitioner .. Mr.K.Thiruvengadam For RR1 to 3 .. Mr.V.M.R.Rajentren, Additional Public Prosecutor O R D E R
(The order of the Court was made by V.BHARATHIDASAN.,J ) The petitioner is the mother of one Ms.M.Srividhya, aged about 17 years. On the allegation that she is found missing from 24.02.2016 and she has been abducted by the respondents 3 to 7, the petitioner has made a complaint to the respondent Police and on such complaint, the respondent Police registered a case in Crime No.81/2016 for offence under Section 366(A) I.P.C. Since, no further action has been taken in the said complaint, the petitioner is before this Court with his Habeas Corpus Petition.
2.Today, the respondent Police has produced the detenue before this Court. The petitioner and her husband namely the father of the detenue are also present before this Court. On enquiry, the detenue would submit that she is willing to go along with the petitioner.
3.The learned Additional Public Prosecutor would submit that the respondent Police is proposed to alter the case into under the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act) also.
4.Under these circumstances, today, the detenue is permitted to go along with her mother viz., the petitioner herein and the second respondent is directed to produce the detenue before the Mahila Court, Krishnagiri on or before 18.07.2016. On such production, the learned Mahila Judge, Krishnagiri is directed to pass appropriate orders.
5.With the above directions, the Habeas Corpus Petition is disposed of.
(S.N.J.,) (V.B.D.,J.)
15.07.2016
jbm
Note:- Issue copy on 15.07.2016.
To
1.The Superintendent of Police,
Krishnagiri District.
2.The Sub Inspector of Police,
Kallavi Police Station,
Uthangarai Taluk,
Krishnagiri District.
S.NAGAMUTHU,J.
And
V.BHARATHIDASAN.J.,
jbm
H.C.P.No.592 of 2016
15.07.2016