Disposed

E.Nagappa v. the Superintendent of Police

Madras HC18 Apr 2022HCP/278/2022

Case brief

AI extract

What is this about?

Habeas Corpus petition filed seeking production of a 14-year-old petitioner's daughter from illegal custody. Court found minor secured, produced before magistrate and welfare committee, and handed over to parents, closing the petition with nothing requiring adjudication.

What did the court decide?

The Habeas Corpus Petition was closed as the minor had been secured and handed over to parents.

E.Nagappa Vs the Superintendent of Police — Child Custody and Guardianship | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.04.2022

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Coram

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THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

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H.C.P.No.278 of 2022

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E.Nagappa S/o.Ellappa .. Petitioner

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Vs.

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The Superintendent of Police, Krishnagiri District, Krishnagiri.

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The Inspector of Police, All Women Police Station,

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Hosur, Krishnagiri District.

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Adarsh S/o.Venkataramappa .. Respondents

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Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to direct the second respondent to produce the petitioner's daughter, namely, Bhavani d/o.E.Nagappa, aged about 14 years, from the illegal custody of the third respondent before this Court and handover the minor girl to the petitioner herein.

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For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor [R1 & R2]

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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 petition has been filed seeking a direction to the second respondent to produce the petitioner's daughter, namely, Bhavani d/o.E.Nagappa, aged about 14 years, from the illegal custody of the third respondent before this Court and handover the minor girl to the petitioner herein.

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On 18.02.2022, we passed the following order:

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

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''It is the case of the petitioner that his daughter Bhavani, aged about 14 years, went missing from 04.01.2022 and that she is in the illegal detention of the third respondent herein.

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On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Hosur All Women Police Station Crime No.1 of 2022 was registered on 05.01.2022 under Sections 363 and 366 IPC against Adarsh, third respondent.

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In such view of the matter, this Court issues a direction to the Assistant Superintendent of Police, Hosur Sub-Division, to supervise the investigation in Hosur All Women Police Station Crime No.1 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Bhavani, aged about 14 years, is secured, she shall be produced before the Judicial Magistrate Court No.II, Hosur, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to custody in accordance with law.

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Post the matter on 18.03.2022."

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Today, Ms.J.Sumathi, HC-1143, All Women Police Station, Hosur, is present.

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On instructions, learned Additional Public Prosecutor submitted that the detenue Bhavani was secured by the police on 31.03.2022 in Hosur All Women Police Station Crime No.1 of 2022 and was produced before the Judicial Magistrate II, Hosur and thereafter, the detenue was produced before the Child Welfare Committee, Krishnagiri, who, in turn, handed over the detenue to her parents.

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In the aforestated circumstances, nothing survives for further adjudication in the present petition. Accordingly, this Habeas Corpus Petition is closed.

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Sd/-

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Assistant Registrar(CS-IX)

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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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The Superintendent of Police, Krishnagiri District, Krishnagiri.

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The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

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The Public Prosecutor, High Court, Madras.

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+1cc to Mr.R.Jayaprakash, Advocate, S.R.No.26038

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H.C.P.No.278 of 2022

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MT(CO) SU(28/04/2022)

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

E.Nagappa v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

E.Nagappa v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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