Disposed

Saritha v. the Superintendent of Police

Madras HC8 Apr 2022HCP/376/2022

Case brief

AI extract

What is this about?

Writ of habeas corpus filed by mother seeking custody of her 16-year-old missing daughter. Police confirmed minor eloped with a married man, case registered under S. 366-A IPC. Proceeding closed once police secured the minor and handed custody to parents, confirming prior order for supervision was satisfied.

What did the court decide?

Petition closed as minor was secured and custody handed to parents following Court supervision of investigation.

Saritha 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: 08.04.2022

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CORAM

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

H.C.P.NO.376 OF 2022

Saritha

.. Petitioner

Vs.

The Superintendent of Police, Chengelpet, Chengelpet District.

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The Inspector of Police, G-7, Acharapakkam Police Station, Chengelpet. .. Respondents

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Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents to produce the body of minor daughter R.Thirisha, aged 16 years, before this Court and hand over the custody to the petitioner.

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For Petitioner : Mr.K.Shanmugam

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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 respondents to produce the body of minor daughter R.Thirisha, aged 16 years, before this Court and hand over the custody to the petitioner.

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On 09.03.2022, this Court passed the following order:

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“It is the case of the petitioner that her daughter Thirisha, aged about 16 years, went missing from 13.02.2022 and that the police are not taking effective steps to secure her.

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

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Today G.Devadoss (Mobile No.9498146393), Special Sub-Inspector of Police, G-7, Acharapakkam Police Station, Chengalpattu District, is present.

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On instructions, the learned Additional Public Prosecutor submitted that on a complaint given by the petitioner, a case in Acharapakkam Police Station Crime No.52 of 2022 was registered on 14.02.2022 under Section 366-A IPC against Kannan, S/o.Gajapathi and during the course of investigation, it came to light that the detenue Thirisha has eloped with Kannan, who is already married twice.

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In such view of the matter, this Court issues a direction to the Deputy Superintendent of Police, Madhuranthagam Sub-Division, to supervise the investigation in Acharapakkam Police Station Crime No.52 of 2022 and keep the petitioner informed of the developments, if any. As and when the detenue Thirisha, aged about 16 years, is secured, she shall be produced before the Judicial Magistrate Court No.II, Madhuranthagam, 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 08.04.2022.”

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The learned Additional Public Prosecutor submitted that the detenue Thirisha was secured by the police on 22.03.2022 and was produced before the learned Judicial Magistrate No.II, Madhuranthagam and thereafter, handed over to her parents.

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Recording the same, this habeas corpus petition stands closed.

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Sd/-

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Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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nsd

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

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The Superintendent of Police, Chengelpet, Chengelpet District.

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The Inspector of Police, G-7, Acharapakkam Police Station, Chengelpet.

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The Judicial Magistrate No.II, Madhuranthagam

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The Public Prosecutor, High Court, Madras.

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H.C.P.No.376 of 2022

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EV(CO) PM/28/04/2022

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

Saritha v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Saritha v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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