In this habeas corpus petition seeking the production and release of a 19-year-old missing woman, the High Court of Madras dismissed the petition after the petitioner withdrew the underlying complaint regarding her detention due to her desire to marry.
Petition stands closed as the underlying complaint was withdrawn and the case was closed by the police.
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: 20.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH and
The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. No. 384 of 2020
B.Vagitha ..Petitioner
Vs.
State Rep. by Inspector of Police, C-4, Somangalam Police Station, Kancheepuram District. ..Respondent
Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondent police to produce the detenue B.Farzana, D/o.Badurudeen, aged about 19 years before this Court and set her at liberty.
For Petitioner : Mr.P.Rahman Sheriff For Respondent : Mr.R.Prathap Kumar Addl. Public Prosecutor
ORDER [Order of the Court was made by P.N.PRAKASH, J.]
Seeking a direction to the respondent to produce the detenue B.Farzana, D/o.Badurudeen, aged about 19 years, before this Court and to set her at liberty, the present habeas corpus petition has been filed.
2.It is the case of the petitioner that her daughter Farzana, aged about 19 years, went missing from 31.01.2020 and that the police have not taken effective steps to secure her.
3.On instructions, the learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a case in Somangalam Police Station Crime No.17 of 2020 was registered for 'woman missing' and during investigation, the detenue was secured. It was found that she was in love with one Muthuraj and wants to marry him. In view of the above, the petitioner withdrew the complaint and the case in Somangalam P.S. Crime No.17 of 2020 was closed.
4.Recording the same, this habeas corpus petition stands closed.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
MMI Sub Assistant Registrar
To
1. The Inspector of Police,
C-4, Somangalam Police Station,
Kancheepuram District.
2. The Public Prosecutor,
High Court, Madras.
H.C.P. No. 384 of 2020
UM(CO)
rv(10/02/2021)
1 issue framed by the court
Whether the habeas corpus petition should be allowed to direct the production and release of the detenue.
1 provisions across 1 enactments
B.Vagitha
State Rep. by Inspector of Police, C-4, Somangalam Police Station, Kancheepuram District
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
