Disposed

R.Aruljothi, v. the Superintendent of Police

Madras HC13 Sept 2019HCP/994/2018

Case brief

AI extract

What is this about?

High Court closed two habeas corpus petitions filed for the production of minor females who had eloped. The court directed police to continue investigation and supervise monitoring, with liberty to file fresh petitions if detenues are not secured.

What did the court decide?

Petitions closed with direction to police to continue investigation and produce detenues before Magistrate when secured.

R.Aruljothi, Vs the Superintendent of Police — Child Sexual Offences (POCSO) | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.09.2019

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Coram

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The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN

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H.C.P. Nos. 994 and 813 of 2018
R.Aruljothi ... Petitioner in
HCP 994/2018
Poongothai ... Petitioner in
HCP 813/2018
-vs-
The Superintendent of Police,
Nagapattinam District,
Nagapattinam.
State rep. By its
The Inspector of Police,
Mayiladuthurai Police Station,
Nagapattinam District. ... Respondents 1 & 2
in HCP Nos. 813,
944/2018
Poongothai ... 3 rd respondent in
HCP 944/2018
Prayer in HCP No. 994/2018 : Petition filed under Article 226 of
the Constitution of India, to issue a Writ of Habeas Corpus
directing the 1 st and 2 nd respondents to produce the detenue minor
A.Priyadharshini aged about 14 years from illegal custody of 3 rd
respondent before this Court and restore the legal custody of
the detenu.

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Prayer in HCP No. 813/2018 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents herein to produce the body and person of the detenu by name Brindha who is aged about 16 years before this Court and hand over to the petitioner.

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

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For Petitioner : M/s. K.M.Vijayan Associates in HCP 994/18

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For Respondents Mr.R.Prathap Kumar Addl. Public Prosecutor for : R1,R2 in HCP Nos. 994,813 of 2018 Mr.R.Thirumoorthy for R3 in HCP No. 994 of 2018

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and for Petitioner in HCP 813/2018

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COMMON 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 respondents 1 and 2 to produce the detenues and hand over the custody to the petitioners, the present habeas corpus petitions have been filed.

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In both the cases, the detenues are minors. The status report filed by the Superintendent of Police would prima facie reveal that they were in relationship. When it was questioned, they left their homes. The evidence of School Head Mistress and the teachers also would prima facie confirm the aforesaid position.

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Inasmuch as the elopement has taken place for more than a year and the investigation is going on under the supervision of the first respondent, namely, the Superintendent of Police, Nagapattinam District, we are not inclined to keep the matter pending any longer. Accordingly, the habeas corpus petitions stand closed with a direction to the Inspector of Police to continue with the investigation to be supervised and monitored by the Superintendent of Police, Nagapattinam District. As and when the detenues are secured, they should be produced before the jurisdictional Magistrate.

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The statement made by the learned Additional Public Prosecutor that a special team has been formed to search for the detenues in each District stands recorded. However, liberty is given to the petitioners to file separate writ petitions at a later point of time, if the detenues are not secured even after the search made.

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Sd/-

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Assistant Registrar(CO)

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//True copy//

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Sub Assistant Registrar

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

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mmi/ssm

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1.The Superintendent of Police,
Nagapattinam District,
Nagapattinam.
2.The Inspector of Police,
Mayiladuthurai Police Station,
Nagapattinam District.
3.The Public Prosecutor,
High Court, Madras.
+1cc to M/s. K.M.Vijayan Associates, Advocate SR.No.78747
+1cc to Mr.R.Thirumoorthy, Advocate SR.No.78890
H.C.P. Nos. 994 & 813 of 2018
PA(CO)
GMY(18/10/2019)

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

R.Aruljothi, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

R.Aruljothi, v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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