Rajakumari v. the Superintendent of Police
Case brief
What is this about?
In this habeas corpus petition filed by a mother for her missing 22-year-old daughter, the High Court ordered the Deputy Superintendent of Police to monitor the ongoing investigation and secure the detenue. Once secured, she is to be produced before the Judicial Magistrate to pass custody orders.
What did the court decide?
Direction to the Deputy Superintendent of Police to monitor the investigation and secure the detenue for production before the Judicial Magistrate.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH
and
The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. No. 26 of 2021
Rajakumari ... Petitioner
Vs.
1.The Superintendent of Police,
Cuddalore District, Cuddalore.
2.The Deputy Superintendent of Police,
Thittakudi, Cuddalore District.
3.The Inspector of Police,
Sirupakkam Police Station,
Cuddalore District.
4.Manikandan
5.Mahalakshmi ... Respondents
Petition filed under Article 226 of the Constitution of
India praying to issue a writ of habeas corpus directing the
respondents herein to produce the daughter of the petitioner
Usha, aged about 22 years, before this Court and to set her at
liberty.
For Petitioner .. Mr.C.Prabakaran
For Respondents .. Mr.R.Prathap Kumar
Addl. Public Prosecutor
for R1 to R3
ORDER
[Order of the Court was made by P.N.PRAKASH, J.]
Seeking a direction to the respondents herein to produce the daughter of the petitioner Usha, aged about 22 years, before this Court and to set her at liberty, the present habeas corpus petition has been filed.
- It is the case of the petitioner that her daughter – Usha, aged about 22 years, had gone missing since 14.12.2020 and that the police have not taken any effective steps to secure her, despite registration of a case in Crime No. 990 of 2020. It is the further case of the petitioner that her daughter has eloped with the fourth respondent.
- On instructions, Mr.R.Prathap Kumar, learned Additional Public Prosecutor submitted that Usha was married to Vijaykumar, who is working in the Middle East and that they have no issues. He further submitted that Usha had no connection with the fourth respondent, but, had eloped with one Shankar of the same village, who is already a married person having two children. He further stated that on a complaint given by the petitioner, a case in Sirupakkam Police Station in Crime No. 990 of 2020 for woman missing was registered by the police and the investigation is in progress.
Issues for consideration
1 issue framed by the court
Whether to issue a direction to the police to monitor the investigation, secure the missing detenue, and produce her before the Judicial Magistrate.
Parties & counsel
- petitioner
Rajakumari
- respondent
The Superintendent of Police, Cuddalore District
- respondent
The Deputy Superintendent of Police, Thittakudi
- respondent
The Inspector of Police, Sirupakkam Police Station
- respondent
Manikandan
- respondent
Case details
As recorded by the court registry
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