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2010 Supreme(Mad) 4492
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. CHOCKALINGAM & THE HONOURABLE MR. JUSTICE C.S. KARNAN
V. Nagarathinam
Versus
State by: the Inspector of police, Yethapur Police Station & Another
H.C.P. No.1687 of 2010
Decided On : 18-10-2010
For the Petitioner:R. Asaithambi, Advocate.
For the Respondents: M. Babu Muthumeeran, Additional Public Prosecutor.
The court's decision was based on the finding that the missing person had married and was set free, leading to the disposal of the petition.
Headnote:
Habeas Corpus - Missing Person - The court disposed of the habeas corpus petition as the missing person was found to have married and set free.
Fact of the Case:
The petitioner's daughter was missing, and a case was registered under Section 366 of the Indian Penal Code.
Finding of the Court:
The missing girl was found to have married the second respondent and was set free, leading to the disposal of the habeas corpus petition.
Issues: Grievance of the petitioner regarding the missing daughter and the response of the police.
Ratio Decidendi: The court's decision was influenced by the fact that the missing person was found to have married and set free, rendering the habeas corpus petition disposed of.
Final Decision: The habeas corpus petition was disposed of accordingly.
(Order of the Court was made by M. CHOCKALINGAM, J)
1. The grievance ventilated by the petitioner is that his daughter viz. Pommi @ Shrileha was missing from 22.5.2010. Though a complaint was given to the respondent-police on 23.5.2010 and a case was registered in Crime No.284 of 2010 for the offence under Section 366 of the Indian Penal Code, the girl is not yet secured.
2. Learned counsel appearing for the State submits that the girl was secured along with the second respondent and they were produced before the learned Judicial Magistrate No.I, Attur and statement was recorded to the effect that the detenue married the second respondent and they were set at free. In such circumstances, nothing more is available to consider in this habeas corpus petition and the same is disposed of accordingly.
