P.Manimegalai Vs The Superintendent of Police… — Writ and Judicial Review

Prayer :Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to direct the respondents 1 and 5 to secure and produce the body or person of the detenu P.Sri Niha, D/o.Pattathuvel, 21 years and produce her before this Court and hand over the custody of the detenu to the petitioner.

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For Petitioner : Mr.A.Mohamed Riyaz For R1 to R5 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

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ORDER

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(Order of the Court was made by N. ANAND VENKATESH,J.)

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This Habeas Corpus Petition has been filed by the mother of the detenue seeking to produce the person or body of the detenue, aged about 21 years and to set her at liberty.

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We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of respondents 1

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Page 2 of 6

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to 5.

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The case of the petitioner is that her daughter was studying in the sixth respondent Nursing College. The sixth respondent/College informed the petitioner that her daughter had gone missing in Chennai during a special camp. The petitioner immediately enquired about the incident and the sixth respondent informed her that they had already given a complaint to the concerned jurisdictional police at Chennai on 25.02.2026.

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The petitioner thereafter gave a complaint before respondents 4 and 5 and it is alleged that both those respondents refused to entertain the complaint. It is under these circumstances that the present Habeas Corpus Petition has been filed before this Court.

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The learned Additional Public Prosecutor, on instructions, submitted that the preliminary enquiry revealed that the detenue had married one Manivel, aged about 24 years and that they are residing in Chennai.

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Page 3 of 6

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In the considered view of this Court, it would be more appropriate

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if a women missing FIR is registered and the same is investigated and taken to its logical conclusion.

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In view of the above, there shall be a direction to the fourth respondent to act upon the complaint given by the petitioner on 26.02.2026. The detenue shall be produced before the learned Judicial Magistrate, Palani and as and when the detenue is produced before the learned Judicial Magistrate, the petitioner shall be put on notice. The learned Judicial Magistrate, Palani, shall record the statement of the detenue and proceed further in accordance with law, and submit a report before this Court.

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