IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 13.03.2017 CORAM THE HONOURABLE MR. JUSTICE S.NAGAMUTHU and THE HONOURABLE DR.JUSTICE ANITA SUMANTH H.C.P No.292 of 2017 Abdulladeep .. Petitioner Vs
1. State rep. By District Superintendent of Police Dharapuram Tiruppur District.
2. Inspector of Police, Law & Order Vellakovil – 638 111.
3. Mr.Deepak, .. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus or any other writ or order in the nature of Writ directing the respondent to produce the body of the person namely Ms.Sharmila Banu (Aged 23 years), Daughter of Mr.Abduldeep before this Hon'ble Court and hand over the custody to the petitioner herein forthwith.
For Petitioner : M/s.Rohini Ravikumar For 1st and 2nd Respondents : Mr.V.M.R. Rajendran Addl. Public Prosecutor ORDER (Order of the Court was made by S. NAGAMUTHU,J.,) missing from 31.12.2016 onwards. The petitioner has further suspected that Ms.Sharmila Banu is illegally detained by the third respondent. In this regard, a case has also been registered by the respondent Police in Crime No.25/2017. Since the detenue was not so far secured by the respondent Police, the petitioner has come up with this Habeas Corpus Petition.
2. Today, when the Habeas Corpus Petition is taken up for hearing, the detenue was produced before this Court. She told us that she had fallen in love with the third respondent, married him and now, she is living with him as his wife. She would further submit that there is no illegal detention. The parents of the detenue persuaded her to return to the parental home. But, the detenue refused. In such view of the matter, we are unable to grant the relief as prayed for by the petitioner.
3. In the result, the Habeas Corpus Petition is dismissed making it clear that it is for the detenue to decide her future.
Index : Yes/no jbm/rna To
1. The District Superintendent of Police Dharapuram Tiruppur District.
2. Inspector of Police, Law & Order Vellakovil – 638 111.
3. The Public Prosecutor, High Court, Chennai.
(S.N.J.,) (A.S.M.J.,) 13.03.2017
S.NAGAMUTHU,J.
And
ANITA SUMANTH,J.,
jbm/rna H.C.P.No.292 of 2017 13.03.2017 http://www.judis.nic.in