Petitioner filed Habeas Corpus regarding missing minor daughter. Detenue produced; Estatal counsel noted arrest and POCSO charges. Minor expressed willingness to return with parents. Custody restored to parents; petition disposed.
Custody of the minor detenue restored to her parents.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.04.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
HCP.No.325 of 2019
V.Arumugam ... Petitioner
Versus
State rep by.
1.The Inspector of Police,
Namakkal Police Station,
Namakkal,
(Cr.No.32 of 2019)
2.Gopi ... Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus directing the 1st respondent to bring and produce the detenu by name A.Lathika (aged about 15 years) before this Court from the illegal custody of the 2nd respondent and hand over to the petitioner.
For Petitioner : Mr.C.Prakasam For Respondents: Mr.C.Iyyappa Raj Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
The petitioner is the father of the detenue, namely A.Lathika, aged about 15 years (D.O.B.13.07.2004) and alleging that she had fallen to the sweet words of the second respondent and was found missing from 14.01.2019, onwards. The complaint given by him in this regard has resulted in registration of a case in Cr.No.32 of 2019, for the commission of offence under
Section 366A IPC. The petitioner apprehending that he was very much concerned about the safety and well being of his minor daughter, came forward to file this Habeas Corpus Petition.
Sd/Assistant Registrar
//True Copy//
To
HCP.No.325 of 2019
rji[co]
srg 11/06/2019
2 issues framed by the court
Whether the custody of the minor detenue should be restored to her parents upon withdrawal of the objection.
Whether the Minor detenu expressed willingness to go back with her parents.
3 provisions across 3 enactments
V.Arumugam
State
Gopi
M.SATHYANARAYANAN
M.NIRMAL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M.SATHYANARAYANAN and M.NIRMAL KUMAR
