Allowed

B.Appunraj v. the Superintendent of Police

Madras HC10 Apr 2019HCP/546/2019

Case brief

AI extract

What is this about?

In this habeas corpus petition, the father sought return of his 16-year-old daughter found missing. The minor stated she left voluntarily after developing love for the fourth respondent but later expressed willingness to return to her father. The Court, finding her inclination to go with the petitioner, entrusted custody to the father and directed police to continue investigation faithfully.

What did the court decide?

Custody of the minor detenue entrusted to the petitioner/father; Police directed to continue investigation and file final report expeditiously.

B.Appunraj Vs the Superintendent 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 10.04.2019

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CORAM

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THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN

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AND

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THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

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HCP.No.546 of 2019
B.Appunraj .. Petitioner
Versus
1.The Superintendent of Police,
Tiruvallur District,
Tiruvallur.
2.The Assistant Superintendent of Police,
Ponneri Division,
Ponneri-601 2014,
Tiruvallur District.
3.The Inspector of Police,
Ponneri Police Station,
Ponneri-601 204,
Tiruvallur District.
4.Tamizh .. Respondents

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Prayer:Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the 3^rd respondent to produce the petitioner's minor daughter, A.Sneha, aged about 16years, before this Court and handover to the petitioner.

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For Petitioner : Mr.R.Munuswamy For Respondents : Mr.C.Iyyappa Raj Additional Public Prosecutor

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http://www.judis.nic.in

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ORDER

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

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The petitioner is the father of the minor detenue, aged about 16 years (D.O.B.07.06.2002). According to him, she was doing 1^st year Diploma nursing in a private Nursing College and she was found missing from 18.02.2019. The petitioner alleging that she is kept under illegal custody / detention at the hands of the 4^th respondent, who is also a married man and father of two children, came forward to file this Habeas Corpus Petition.

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The learned counsel appearing for the petitioner would submit that based on the complaint given by the petitioner, the 3^rd respondent has registered a case in Cr.No.96/2019 on 19.02.2019 for ''Girl Missing'' and on account of efforts made by the petitioner, the detenue has been traced and produced before this Court.

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The detenue, who is present before this Court has also enquired by this Court and she would state that she had developed love with the 4^th respondent and accordingly, she voluntarily leave the parental home on 18.02.2019 and married the 4^th respondent on 20.02.2019 at Thangavinayar Temple, Thiruporur. When this Court asked her to produce the proof of marriage, she would state that there is no proof of marriage including photographs, said to be taken at the time of marriage and now she expressed http://www.judis.nic.in

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her inclination to go with the petitioner/father, who is present before this Court.

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The father of the detenue is also present and he would state that he is wiling to take back the custody of his daughter and he will take all necessary steps to pursue the academic career of his daughter.

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Mr.C.Iyyapparaj, learned Additional Public Prosecutor appearing for

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the State would submit that after effecting arrest of the 4^th respondent, the Sections have been altered to 366A, Section 5(1) and 6 of POCSO Act and he has been remanded to judicial custody and the medical Examination of the minor detenue has already been done and the report is awaited and insofar

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as the 4^th respondent is concerned, it is yet to be conducted.

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In the light of the fact that the detenue is a minor and she has also

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expressed her willingness to go with the father / petitioner, who is present before this Court, this Court entrusted the custody of the minor detenue to the father / petitioner. The 3^rd respondent is directed to continue with the investigation in Cr.No.96 of 2019 in a fair and impartial manner and file the final report before this Court as expeditiously as possible.

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http://www.judis.nic.in

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AND

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M.SATHYANARAYANAN, J.

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M.NIRMAL KUMAR, J.

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6. The Habeas Corpus Petition is disposed of, accordingly.

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[M.S.N., J] [M.N.K., J]
10.04.2019
Internet : Yes/No
Index :Yes/No
sk
To
1.The Superintendent of Police,
Tiruvallur District,
Tiruvallur.
2.The Assistant Superintendent of Police,
Ponneri Division,
Ponneri-601 2014,
Tiruvallur District.
3.The Inspector of Police,
Ponneri Police Station,
Ponneri-601 204,
Tiruvallur District.
4.The Public Prosecutor
High Court, Madras.

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HCP.No.546 of 2019

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http://www.judis.nic.in

B.Appunraj v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

B.Appunraj v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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