Dismissed

Ali Fathima v. the Commissioner of Police

Madras HC11 Jan 2022HCP/23/2022

Case brief

AI extract

What is this about?

In a habeas corpus petition filed by a mother regarding her 23-year-old daughter's disappearance, the daughter appeared via video conference stating she had married on the day she went missing. The court found she was not in illegal custody and closed the petition.

What did the court decide?

Petition closed without issuing a direction to produce the body as the petitioner's daughter was produced before the Court.

Ali Fathima Vs the Commissioner of Police — Constitutional and Fundamental Rights | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.01.2022

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CORAM

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THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND

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THE HONOURABLE MS. JUSTICE R.N.MANJULA

H.C.P.NO.23 OF 2022

Ali Fathima

...Petitioner

Vs.

The Commissioner of Police, Vepery, Chennai.

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The Inspector of Police, K-1, Sembium Police Station, Perambur, Chennai – 11. ...Respondents

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Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 1^st respondent herein to produce the body of the petitioner's daughter Rasitha Afiiya Sahani, female, aged about 23 years, D/o.Mohamed Yusuf Kani, before this Court and to set her at liberty.

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For Petitioner : Mr.M.Mohammed Riyas

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For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor

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ORDER

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[Made by P.N.PRAKASH, J.]

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This habeas corpus petition has been filed seeking a direction to the 1^st respondent herein to produce the body of the petitioner's daughter Rasitha Afiiya Sahani, female, aged about 23 years, D/o.Mohamed Yusuf Kani, before this Court and to set her at liberty.

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It is the case of the petitioner that her daughter Rasitha Afiiya Sahani, aged about 23 years, went missing from 24.12.2021 and that the police are not taking effective steps to secure her.

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Today, Rasitha Afiiya Sahani appeared before this Court via video conferencing. The petitioner also appeared before this Court via video conferencing along with her counsel Mr.Mohammed Riyas (Mobile No.9677173957).

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When we enquired, Rasitha Afiiya Sahani stated that her date of birth is 31.05.1998 and she is twenty three years old and completed B.E. She further stated that she had fallen in love with Edwin Kishore (Mobile No.9786699420) and has got married to him on 24.12.2021 and the same has also been registered in the office of the Sub-Registrar Office, Maduranthagam.

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In view of the above, we do not find that Rasitha Afiiya Sahani is in the illegal custody of anyone for the issuance of a writ of habeas corpus.

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In the result, this habeas corpus petition stands closed.

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Sd/Assistant Registrar(CS IX)

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//True Copy//

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Sub Assistant Registrar

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The Commissioner of Police, Vepery, Chennai.

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The Inspector of Police, K-1, Sembium Police Station, Perambur, Chennai – 11.

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

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H.C.P.No.23 of 2022

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PCH(CO) KKV/02/02/2022

Ali Fathima v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

Ali Fathima v. the Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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