Dismissed

M.Rekha v. the Commissioner of Police

Madras HC22 Apr 2021HCP/628/2021

Case brief

AI extract

What is this about?

This court dismissed a habeas corpus petition filed by a mother seeking the production of her 16-year-old minor daughter. The court held that since the minor was lodged in the New Hope & New Life Trust under the orders of the Child Welfare Committee, there was no illegal detention warranting the issuance of the writ. The petition was closed.

What did the court decide?

The habeas corpus petition is closed with liberty to the petitioner to work out her remedy in the manner to law.

M.Rekha Vs the Commissioner of Police — Child Custody and Guardianship | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.04.2021

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Coram

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The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN

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H.C.P.No.628 of 2021

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M.Rekha ...Petitioner

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Vs. 1.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai – 600 007.

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2.State represented by The Inspector of Police, W-32, Madipakkam All Women Police Station, St.Thomas Mount, Chennai.

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3.The Child Welfare Committee, Chengalpattu – 603 002, Kancheepuram District.

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4.Uma Shankar 5.The New Hope & New Life, Represented by C.Wilson, Gangai Amman Koil Street, 3^rd Ward, No.3,317, Nakkampillaiyam Road, Perumpakkam,Chennai – 600 100. ...Respondents

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Prayer:

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Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus to direct the 2^nd respondent to produce the petitioner's minor daughter Sai Harini, aged about 16 years, before this Court, from the custody of the 4^th and 5^th respondents and hand over to the petitioner.

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For Petitioner : Mr.Revathi G Mohan For Respondents : Mr.R.Prathap Kumar Additional Public Prosecutor

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

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ORDER

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[Order of the Court was made by P.N.PRAKASH, J.]

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This habeas corpus petition has been filed seeking to direct the 2^nd respondent to produce the petitioner's minor daughter Sai Harini, aged about 16 years, before this Court, from the custody of the 4^th and 5^th respondents and hand over to the petitioner.

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The fact remains that the alleged detenue Sai Harini, aged about 16 years, is lodged in the New Hope & New Life Trust, fifth respondent herein, on the orders of the Child Welfare Committee and therefore, it cannot be stated that she is in the illegal detention of anyone for the issuance of writ of habeas corpus.

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In the result, this habeas corpus petition is closed with liberty to the petitioner to work out her remedy in the manner to law. Sd/Assistant Registrar //True Copy// Sub Assistant Registrar nsd To 1.The Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Periyamet, Chennai – 600 007.

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2.The Inspector of Police, W-32, Madipakkam All Women Police Station, St.Thomas Mount, Chennai.

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3.The Child Welfare Committee, Chengalpattu – 603 002, Kancheepuram District.

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4.The Public Prosecutor, Madras High Court, Chennai – 600 104.

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H.C.P.No.628 of 2021 JP-II(CO) RN(04/05/2021)

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

M.Rekha v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

M.Rekha v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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