The petitioner, father of a 17-year-old detenue, filed a writ petition under Article 226 for her production and release. The Additional Public Prosecutor submitted that a case under the POCSO Act was registered and the detenue had been handed over to the petitioner. The Court closed the petition based on this submission.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN
H.C.P. No. 1215 of 2018
Murugan ... Petitioner -vs-
1.State rep. by The Inspector of Police, C3 Manimangalam Police Station, Sriperumbudur, Kancheepuram District.
2.Vanitha 3.Arvind 4.Ashok ... Respondents
Petition filed under Article 226 of the Constitution of India directing the respondents to produce the detenue Priya, aged 17 years, D/o.Murugan, who is now under the unlawful detention of respondents 2 and 3 before this Court and hand over to the petitioner.
For Petitioner : Ms.Jayasri Baskar For Respondents Mr.R.Prathap Kumar : Addl. Public Prosecutor for R1
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.]
Seeking a direction to the respondents to produce the detenue - Priya, aged 17 years, before this Court and set her at liberty, the present Habeas Corpus Petition has been filed by the father of the detenue.
2.We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.
3.Learned Additional Public Prosecutor, on instructions, submitted that a case has been registered against the accused persons under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The accused were produced before the Mahila Court, Chengalpet on 28.02.2019. He has further submitted that the detenue has been handed over to the petitioner.
4.Recording the aforesaid statement made by the learned Additional Public Prosecutor, this habeas corpus petition is closed.
Sd/-
Assistant Registrar (Insp Cell)
//True Copy//
Sub Assistant Registrar
mmi/ssm
To
1.The Inspector of Police,
C3 Manimangalam Police Station,
Sriperumbudur,
Kancheepuram District.
2.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.Jayasri Baskar, Advocate, S.R.No. 82697
H.C.P. No. 1215 of 2018
SS(CO)
GN(05/11/2019)
1 issue framed by the court
Whether a habeas corpus petition filed for the detention of a minor necessitates directions to produce the detenue and set her at liberty.
2 provisions across 2 enactments
Murugan
State (Rep. by The Inspector of Police, C3 Manimangalam Police Station)
Vanitha
Arvind
Ashok
M.M. Sundresh
T. Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
