Dismissed

Tmt Jegadeshwari, v. the Inspector of Police

Madras HC24 Sept 2019HCP/1962/2018

Case brief

AI extract

What is this about?

In this habeas corpus petition regarding the petitioner's minor daughter, the court dismissed the petition because the detenue has attained majority. The court directed authorities to secure the detenue for production before the jurisdictional Magistrate as a criminal case is pending.

What did the court decide?

Petition dismissed; directions issued to secure detenue and produce her before the jurisdictional Magistrate.

Tmt Jegadeshwari, Vs the Inspector of Police — Child Custody and Guardianship | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.09.2019

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Coram

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The Hon'ble Mr. Justice M.M.SUNDRESH

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and

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The Hon'ble Mr. Justice RMT. TEEKAA RAMAN

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H.C.P. No.1962 of 2018

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Jegadeshwari ... Petitioner -vs1.The Inspector of Police, Bagayam Police Station, Vellore District.

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-vs-
1.The Inspector of Police,
Bagayam Police Station,
Vellore District.
2.Parthiban ... Respondents

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Petition filed under Article 226 of the Constitution of India directing the first respondent to produce the person and body of the petitioner's minor daughter S.Aishwariya, aged 17 years, before this Court and hand over her custody to the petitioner herein.

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For Petitioner : Mr.E.Kannadasan

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For Respondents Mr.R.Prathap Kumar : Addl. Public Prosecutor for R1

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ORDER

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[Order of the Court was made by M.M.SUNDRESH, J.]

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Seeking a direction to the first respondent to produce the person and body of the petitioner's minor daughter S.Aishwariya, aged 17 years, before this Court and hand over her custody to the petitioner herein, the present Habeas Corpus Petition has been filed.

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The petitioner is the mother of the detenue, who has filed this petition on the ground that she is in the illegal detention of the second respondent.

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https://hcservices.ecourts.gov.in/hcservices/

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It is a case of second time elopement of the detenue with the second respondent. Earlier, a case was registered and the second respondent was arrested. Thereafter, once again the detenue eloped with him. Now, she has attained majority.

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The learned Additional Public Prosecutor also produced a letter written by the petitioner to the Investigating Officer stating that she will not have any connection with the detenue as she has attained the age of majority. As of now, the detenue has completed 19 years.

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In such view of the matter, the Habeas Corpus Petition stands dismissed. However, inasmuch as a criminal case is pending, endeavour should be made to secure the detenue and the second respondent against whom non-bailable warrant is pending. As and when the detenue is secured, she should be produced before the jurisdictional Magistrate.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1.The Inspector of Police,
Bagayam Police Station,
Vellore District.
2.The Public Prosecutor,
High Court, Madras.

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AKM/31.10.19 /2P-3C/ H.C.P. No. 1962 of 2018

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https://hcservices.ecourts.gov.in/hcservices/

Tmt Jegadeshwari, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Tmt Jegadeshwari, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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