Periyasamy v. the State Rep. by
Case brief
What is this about?
Petitioner sought habeas corpus for his 14-year-old daughter detained by her neighbour/cousin for illicit purposes after she went with them willingly due to love interest. Police registered u/s 366(A) IPC and POCSO Act. Detenue traced, assured father, led to closure of petition directed to file status report.
What did the court decide?
Habeas Corpus Petition closed; 2nd Respondent directed to file status report on Cr.No.49/2019 (u/s 366(A) IPC & u/s 6 POCSO) by 20.03.2019.
What the court decided
A compact analysis
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 05.03.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
HCP.No.394 of 2019
Periyasamy .. Petitioner/Father of the detenue
Versus
1.The State rep.by
The Superintendent of Police,
Vellore District, Vellore.
2.The State Rep.by
The Sub Inspector of Police,
Banavaram Police Station,
Banavaram, Vellore District.
3.Elumalai .. Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the 2nd respondent to produce the detenue namely Vinothini, daughter of Periyasamy, aged 14 years, before this Court from the custody by the 3rd respondent and hand over to the petitioner.
For Petitioner : Mr.G.Somasekar For Respondents: Mr.C.Iyyappa Raj, Additional Public Prosecutor
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
Issues for consideration
3 issues framed by the court
Whether a habeas corpus petition is requerirng production of a minor girl when she has voluntarily traced and expressed willingness to return with her father instead.
Whether the petitioner's assurance of education and care for the minor daughter warrants closure of the petition pending criminal investigation.
Whether a status report must be filed by the police regarding the registration of the offence u/s 366(A) IPC and u/s 6 of POCSO Act.
Parties & counsel
- petitioner
PERIYASAMY
- respondent
STATE REPR BY THE SUPERINTENDENT OF POLICE, VELLORE DISTRICT
- respondent
STATE REPR BY THE SUB INSPECTOR OF POLICE, BANAVARAM POLICE STATION
- respondent
ELUMALAI
Coram
Case details
As recorded by the court registry
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