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HIGH COURT OF MADRAS
Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA
Ammasi – Appellant
Versus
The Superintendent of Police – Respondent
Habeas Corpus - Missing Persons - Crime No.338 of 2024 - The court dismissed the petition as both the daughter and granddaughter were traced and confirmed they were not in illegal detention.
Fact of the Case:
The petitioner seeks habeas corpus for his missing daughter and granddaughter who were last seen at school. Despite filing a complaint, no action was taken until the missing persons were located and stated they left voluntarily.
Finding of the Court:
The court found that both the daughter and granddaughter were traced and confirmed their safety, affirming there was no illegal detention or need for further action.
Issues: Whether the petition for habeas corpus should proceed given the confirmation of the missing persons' status by the police.
Ratio Decidendi: The court determined that affirmation from both individuals absolved the need for continued judicial intervention, thus closing the case.
Final Decision: The habeas corpus petition was dismissed as resolved.
O R D E R
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] The petitioner has filed this habeas corpus petition seeking a direction to the respondents to secure his daughter, namely, Sathya, aged about 36 years and granddaughter XXXX, aged about 17 years, produce them before this Court and set them at liberty.
2. It is the case of the petitioner that his granddaughter XXXX was studying 12th Standard in Girls Higher Secondary School, Natham. On 13.06.2024, she went to School as usual. However, she did not return back to home. On enquiry, he came to know that his daughter Sathya had picked up his granddaughter at 12.00 Noon and school and thereafter, both of them went missing. Though he searched for them, he could not find out their whereabouts. Hence, he lodged a complaint before the respondent – Police and based on the said complaint, though a case in Crime No.338 of 2024 for woman missing and girl missing has been registered, no steps were taken thereafter to trace them. Hence, this habeas corpus petition.
3. Learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that based on the complaint given by the petitioner, a case in Crime No.338 of 2024 was registered for woman missing and girl missing. During the course of investigation, the alleged missing persons were traced at Nagore and they were brought back to the Police Station and their statements were recorded. On enquiry, the petitioner's daughter stated that she was given in marriage to one Sugumar and later, it was found that he was a drug peddler and due to the harassment by her husband and his father, she had gone out of the home along with her minor daughter XXXX. The minor daughter was also enquired. Both of them, in their respective statements, have stated that they were not in illegal detention of anybody. After recording their statements, they were allowed to go along with the petitioner and the case in Crime No.338 of 2024 has been closed as action dropped.
4. In view of the above submission of the learned Additional Public Prosecutor, no further adjudication is required in this habeas corpus petition and the same is, therefore, closed.
[A.D.J.C., J.] [K.R.S., J.]
24.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No krk To:
1.The Superintendent of Police, Dindigul, Dindigul District.
2.The Inspector of Police, Shanarapatty Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.D.JAGADISH CHANDIRA, J.
AND K.RAJASEKAR, J.
krk H.C.P.(MD) No.889 of 2024
24.07.2024
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