Dismissed

K. Venkatachalam, Age 53 Years v. the Sub Inspector of Police

Madras HC21 Dec 2016HCP/2273/2016

Case brief

AI extract

What is this about?

This court dismissed a writ petition seeking habeas corpus for a missing minor. The detenue was found voluntarily admitted by herself at a shelter. The court directed police to transfer custody to the shelter, allowing her a modest period to reunite with her father.

What did the court decide?

Petition dismissed; police directed to transfer minor to trust home pending father's proven identity retrieval.

K. Venkatachalam, Age 53 Years Vs the Sub… — Child Custody and Guardianship | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.12.2016

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CORAM

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THE HONOURABLE MR. JUSTICE M.JAICHANDREN

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and

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THE HONOURABLE MR. JUSTICE T.MATHIVANAN

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H.C.P. No. 2273 of 2016

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K.Venkatachalam

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.. Petitioner

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/father of the detenue

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Vs.

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1.The Sub-Inspector of Police Sooramangalam Police Station Salem District

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2.Naveen

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.. Respondents

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Prayer : Petition under Article 226 of the Constitution of India, praying for issuance of Writ of Habeas Corpus to direct the first respondent to secure the minor daughter Jothika, aged 16 years in Crime No.18 of 2016 on the file of the Sub-Inspector of Police, Sooramangalam Police Station, Salem District from the illegal custody of the 2^nd respondent and to produce the body or person before the Court and thereafter handover her to him.

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For Petitioner : Mr.B.Vasudevan

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For Respondents :: Mr. V.M.R.Rajentren Additional Public Prosecutor O R D E R

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(Order of the Court was made by T.MATHIVANAN.,J. )

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Heard the learned counsel appearing on behalf of the petitioner as well

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as the learned Additional Public Prosecutor appearing on behalf of the first respondent.

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The petitioner, who is none other than the father of the detenue, namely Jothika, has approached this Court under Section 226 of the Constitution of India to issue a direction to the first respondent Sub-Inspector of Police, Sooramangalam Police Station, Salem District to produce his daughter from the illegal custody of the second respondent.

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It is alleged that the detenue Jothika, aged about 16 years, was studying 11^th Standard in Government Girls Higher Secondary School, Elampillai till April 2015. That on 25.12.2015, the petitioner's wife and his daughter (detenue) had been to his mother-in-law's house at 03.00pm and on the same day, his daughter had left to her Aunt's house situated at Karuppur, Mettupathi Arunthathiar Colony and thereafter, she did not return to his house.

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In this connection, the petitioner had lodged a complaint on 09.01.2016 before the first respondent and the first respondent police had registered a case in Crime No.18 of 2016 under the head of 'Girl Missing'.

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Today, the detenue Jothika was produced by the first respondent

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before the Court. On enquiry, she has stated that her father himself had taken her to the Superintendent, Reception Unit, Girls Life Line Trust, Salem7 and admitted her. She has further stated that she is willing to go along with her father, who is the petitioner herein. On verification of the records, it is found that her Date of Birth is 03.03.1999 and she is running 17 years and since she is a minor, she cannot be set at liberty. Since her father is absent today, there is no other go for this Court excepting to give a direction to the first respondent to take her to the same home.

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Accordingly, the first respondent herein is directed to take the girl to the Superintendent, Reception Unit, Girls Life Line Trust, Salem-7 and produce her before him. The Superintendent, Reception Unit, Girls Life Line Trust, is directed to keep the girl in their safe custody and entrust the custody of the girl to the petitioner, who is her father, on showing the proof of his identity as and when he approaches the Home.

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With the above direction, the Habeas Corpus Petition is closed.

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Index: Yes/No Internet: Yes gpa

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Note : Issue order copy on today (21.12.2016)

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The Sub-Inspector of Police Sooramangalam Police Station Salem District

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M.JAICHANDREN.J., and T.MATHIVANAN.J., gpa

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H.C.P. No. 2273 of 2016

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21.12.2016 http://www.judis.nic.in

K. Venkatachalam, Age 53 Years v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

K. Venkatachalam, Age 53 Years v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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