Habeas corpus petition filed on behalf of Rithenya, detained with her father. Court found she was a major adult willing to leave with the fourth respondent. Permission granted for her to go with the father; petition closed.
Petitioner permitted to go along with fourth respondent (father); Habeas Corpus Petition stands closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2016
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE T.MATHIVANAN H.C.P.No.2242 of 2016
Suresh ... Petitioner / Defacto Complainant
Vs
1.The Superintendent of Police,
Salem.
2.The Deputy Superintendent of Police,
Valapady,
Salem District.
3.The Inspector of Police,
Karipatti Police Station.
4.Raj Kumar .. Respondents/ Complainants & Accused
Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, directing the respondents herein to secure the detenue, namely, Rithenya, wife of Suresh, aged about 19 years, who is in illegal custody of the fourth respondent and to produce before this court.
For Petitioner : No appearance
For Respondents: Mr.V.M.R.Rajentran, APP for RR1 to 3 No appearance for R-4 ORDER [Order of the Court was made by M.JAICHANDREN,J]
This Habeas Corpus Petition had been listed, under the special list, on the mentioning made by the learned Additional Public Prosecutor for the production of the detenu, before this Court.
2 This Habeas Corpus Petition has been filed by the petitioner, praying that this Court may be pleased to issue a direction to the respondent police to secure the detenue, namely Rithenya, wife of Suresh, aged about 19 years, who is in illegal custody of the fourth respondent, and to produce her before this Court.
3 On enquiry, the detenue, who is aged about 19 years, had stated that she is living with her parents, as there has been some dispute with the petitioner. She had expressed her willingness to go along with the fourth respondent, who is the father of the detenue. The fourth respondent was also present before this Court.
4 In such circumstances, this Court is of the considered view that since the detenue is a major and she had expressed her willingness to go along with the fourth respondent, it is appropriate to permit the detenue to go along with the fourth respondent, as per her wish. Accordingly, the detenue Rithenya is permitted to go along with the fourth respondent, as per her wish. No further orders are necessary in the Habeas Corpus Petition. Accordingly, the Habeas Corpus Petition stands closed.
Sd/-
Asst.Registrar (J)
/true copy/
Sub Asst. Registrar
vvk
To
1.The Superintendent of Police,
Salem.
2.The Deputy Superintendent of Police,
Valapady,
Salem District.
3.The Inspector of Police,
Karipatti Police Station.
4.The Public Prosecutor,
High Court, Madras.
1 cc to M/s.R. Nalliyappan, Advocate, Sr. 73961
H.C.P.No.2242 of 2016
SAI (CO)
kk 11/1
1 issue framed by the court
Whether a habeas corpus petition should be decided when the detenu expresses willingness to leave with the alleged abductor.
1 provisions across 1 enactments
Suresh
Superintendent of Police, Salem
Deputy Superintendent of Police, Valapady
Inspector of Police, Karipatti Police Station
Raj Kumar
M. Jaichandren
T. Mathivanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
