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M.paulra v. Superintendent Of Police And Others

M.paulra v. Superintendent Of Police And Others

(Before The Madurai Bench Of Madras High Court)

H.C.P.(MD) No.59 of 2021 | 18-01-2021

[Order of the Court was made by K.KALYANASUNDARAM, J.]

1. This habeas corpus petition has been filed seeking a direction to the respondents 1 and 2 to secure his minor daughter namely, Muthulakshmi, aged about 15 years from the illegal detention of the 3rd respondent and handover her custody to the petitioner.

2. The petitioner would state that he is working as helper in a private company and his wife is also working in another private company. He blessed with two daughters, namely, Muthulakshmi and Priyatharshini, who are aged about 15 and 11 years respectively. He would further state that from 30.12.2020, his daughter Muthulakshmi was found missing. In this regard, he gave a complaint to the second respondent on 30.12.2020 and the same was registered in Crime No.430/2020 under girl missing, but no action was taken to secure the detenue. Hence, the present petition has been filed.

3. The learned Additional Public Prosecutor Mr.K.Dinesh Babu would state that the detenue was found missing along with third respondent and both of them were secured on 07.01.2021 at Salem and thereafter, the case was altered under POCSO Act. However, the third respondent has escaped and the respondent police is taking effective steps to arrest him.

4. When the matter is taken up for hearing today, the petitioner, the detenue and her mother appeared before this Court through video conferencing. On enquiry, the detenue is willing to go with her father, the petitioner herein. It is also accepted by the petitioner and his wife.

5. In the light of the above facts, we find no merit in this habeas corpus petition and hence, the same is dismissed.

Advocate List
  • Mr.J.Sankarapandian

  • Mr.K.Dinesh Babu Additional Public Prosecutor

Bench
  • HON'BLE MR. JUSTICE K.KALYANASUNDARAM
  • HON'BLE MR. JUSTICE G.ILANGOVAN
Eq Citations
  • LQ
  • LQ/MadHC/2021/16720
Head Note

Human and Civil Rights — Habeas Corpus Petition — Habeas corpus — Custody of minor — Minor girl willing to go with her father — Habeas corpus petition dismissed