In a habeas corpus petition filed by the father seeking production of his minor daughter now of age who eloped, the court closed the petition and directed that investigation continue and production before a Magistrate occur if she is secured.
Petition closed; direction to proceed with investigation and produce detenue before Magistrate if secured.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:03.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
AND
THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN
H.C.P.NO.907 OF 2019
Kamalanathan
-vs-
Rep. by Inspector of Police, Sholingur Police Station, Vellore District.
Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the first respondent to secure and produce the detenue K. Sathiya aged about 17 years before this Court and hand over her custody to the petitioner.
For Petitioner : Mr.M.Duraimurugan
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.]
Seeking a direction to the first respondent to secure and produce the detenue K. Sathiya aged about 17 years before this Court and hand over her custody to the petitioner, the present habeas corpus petition has been filed by the father of the detenue.
2.From the status report filed by the Superintendent of Police, Vellore District, it appears that it is a case of elopement of the detenue with the second respondent. At the time of elopement, the detenue was a minor and now, she attained majority. The family members of the second respondent are also produced before the Court. The status report indicates the steps taken to secure the detenue.
3.Considering the above, we are not inclined to keep this petition pending any longer. Accordingly, the habeas corpus petition stands closed. However, the investigation shall be proceeded with and as and when the detenue is secured, she should be produced before the jurisdictional Magistrate.
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
mmi/ssm
To
H.C.P.No.907 of 2019
EV(CO) CS/24/10/2019
1 issue framed by the court
Whether to grant directions to the police to produce the detenue K. Sathiya before the Court in a habeas corpus petition filed by her father
2 provisions across 2 enactments
Kamalanathan
The State, Rep. by Inspector of Police, Sholingur Police Station, Vellore District
Appu @ Naveen
M.M.Sundresh
RMT. Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
