Habeas Corpus petition closed after the detenu (daughter of respondent 3) was no longer detained, resides with parents, and filed a counter-complaint against the petitioner under Section 6 of POCSO.
Petition closed; no production of detenu ordered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.09.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
H.C.P.[MD].No.1328 of 2018
Jayabal
: Petitioner
Vs.
PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the detenu or her corpus namely Tharaniya, D/o.Ananthan, Female, aged about 18 years before this Court and set her at liberty forthwith.
O R D E R
***************
[Order of the Court was made by M.M.SUNDRESH, J.]
When the matter is taken up for hearing today, the learned Additional Public Prosecutor stated that a case has been registered in Crime No.90 of 2018 on the file of the second respondent, against the petitioner under Section 6 of Protection Of Children from Sexual Offences Act, 2012. It is further stated that the detenu is now living with her parents and the detenu has also gave a complaint https://hcservices.ecourts.gov.in/hcservices/ against the petitioner.
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2.Recording the submission made by the learned Additional Public Prosecutor, this Habeas Corpus Petition stands closed.
Sd/Assistant Registrar (AE)
/True Copy/
Sub Assistant Registrar (CS-II)
To
TE/SV/SAR-2 : 09/11/2018 : 2P/5C
ORDER MADE IN H.C.P.[MD].No.1328 of 2018 26.09.2018
1 issue framed by the court
Whether to grant a Writ of Habeas Corpus directing release of the detenu Tharaniya after a case is registered against the petitioner under POCSO.
2 provisions across 2 enactments
Jayabal
The Superintendent of Police, Theni District
The Inspector of Police, Cumbum North Police Station, Theni District
Ananthan
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
