Disposed

Jasteen v. The Superintendent of Police

Madras HC30 Apr 2024HCP(MD)/537/2024

Case brief

AI extract

What is this about?

This habeas corpus petition sought the production of a 16-year-old minor, Abinaya, allegedly abducted by her fourth respondent relative for a child marriage. The court found the detenue presented and directed the third respondent to produce her before the Child Welfare Committee.

What did the court decide?

Directed the third respondent to produce the detenue before the Child Welfare Committee, Virudhunagar District, for taking further course of action.

Jasteen Vs The Superintendent of Police — Child Sexual Offences (POCSO) | Madras HC (2024)

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H.C.P.(MD) No.537 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 30.04.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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H.C.P.(MD) No.537 of 2024

Jasteen

... Petitioner

-vs-

1.The Superintendent of Police Office of the Superintendent of Police Virudhunagar District

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2.The Deputy Superintendent of Police Office of Deputy Superintendent of Police Virudhunagar, Virudhunagar District

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3.The Inspector of Police Virudhunagar West Police Station Virudhunagar District

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4.Muthuraj ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue

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a writ of habeas corpus directing the respondents 1 to 3 to produce the person or body of the petitioner's minor daughter by name Abinaya, daughter of Jasteen, aged 16 years, before this Court and hand over the custody of the detenue to the petitioner.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.537 of 2024

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For Petitioner : Mr.R.Alagumani For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

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O R D E R

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[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]

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The petitioner has filed this habeas corpus petition seeking a direction to the respondents 1 to 3 to secure his minor daughter, namely, Abinaya, aged 16 years, produce her before this Court and set her at liberty.

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2. The case of the petitioner is that his minor daughter / detenue was born on 13.03.2008 and she has completed 11^th Standard in Kshatriya Girls Higher Secondary School. On 21.04.2024, his daughter went to attend her friend's marriage, but, she did not return back to home. Despite search, he was unable to find out the whereabouts of his daughter and later, during enquiry, he came to know that the fourth respondent had abducted his minor daughter and thereby, he had lodged an online complaint on 23.04.2024, pursuant to which a case in Crime No.87 has been registered for girl missing. However, the respondent – Police have not taken any steps to secure his minor daughter. Therefore, he has filed this habeas corpus petition.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.537 of 2024

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3. This habeas corpus petition is listed today for admission.

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4. Mr.RMS.Sethuraman, learned Additional Public Prosecutor, takes notice for the respondents 1 to 3.

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5. The third respondent has produced the detenue before this

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Court.

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6. Learned Additional Public Prosecutor appearing for the respondents 1 to 3, on instructions, would submit that based on the online complaint given by the petitioner, a case in Crime No.87 of 2024 has been registered by the third respondent – Police. During enquiry, it came to light that the fourth respondent had abducted the detenue and had taken her to his house and that with the aid of his parents, a child marriage had been performed at Sirumalai Church and on coming to know about the child marriage, the case has been altered to one under Sections 9 & 10 of the Prohibition of Child Marriage Act, 2006 and Section 5(l) r/w Section 6 of the the Protection of Children from Sexual Offences Act, 2012. Now, the detenue is kept in M.M.S.S.S.Home at Virudhunagar. Further, the case in Crime No.

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_____________ Page 3 of 6_

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.537 of 2024

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87 of 2024 has now been transferred to the file of the All Women Police Station, Virudhunagar, and that the investigation is going on and the respondent – Police will take necessary steps to produce the detenue before the Child Welfare Committee, Virudhunagar District, for further course of action.

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7. The detenue is produced before this Court. We enquired her. On enquiry, she submitted that she is aged about 16 years and that she fell in love with the fourth respondent, who is a distant relative and that she went along with him.

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8. Taking into consideration of the facts that the detenue is a minor and she has been abducted by the third respondent and that now the case in Crime No.87 of 2024 has been altered to one under Sections 9 & 10 of the Prohibition of Child Marriage Act, 2006 and Section 5(l) r/w Section 6 of the the Protection of Children from Sexual Offences Act, 2012, the third respondent is directed to produce the detenue before the Child Welfare Committee, Virudhunagar District, for taking further course of action in accordance with law.

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.537 of 2024

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9. With the above direction, the habeas corpus petition is

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disposed of.

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[A.D.J.C., J.] [K.R.S., J.]

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30.04.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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To:

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1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

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2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Virudhunagar,

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Virudhunagar District.

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3.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD) No.537 of 2024

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A.D.JAGADISH CHANDIRA, J. AND K.RAJASEKAR, J.

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krk

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H.C.P.(MD) No.537 of 2024

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30.04.2024

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Page 6 of 6

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https://www.mhc.tn.gov.in/judis

Jasteen v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Jasteen v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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