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HIGH COURT OF JUDICATURE AT MADRAS
Sivalingam – Appellant
Versus
The Superintendent of Police – Respondent
HCP(MD) 1983/2022



Advocates:
['M/s Vadivelan T', '', '', 'Prabhu T', 'Silambarasan M', 'Public Prosecutor', 'R']

H.C.P.(MD)No.1983 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 25.11.2022

CORAM

THE HON'BLE MR JUSTICE M.S. RAMESH

AND

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

H.C.P.(MD)No.1983 of 2022

Sivalingam

... Petitioner

/Vs./

1.The Superintendent of Police,

Trichy District, Trichy.

2.The Inspector of Police,

Thuvarankurichi Police Station,

Thuvarankurichi,

Trichy District.

3.Karthik

... Respondents

PRAYER:

Petition filed under Article 226 of the Constitution of India to

issue a Writ of Habeas Corpus, directing the respondents to produce the

person or body of the Detenue namely Rajeswari daughter of Sivalingam

aged about 22 years before this Court and set her at liberty.

For Petitioner

: Mr.T.Vadivelan

For Respondents

: Mr.A.Thiruvadi Kumar (R1 & R2)

Additional Public Prosecutor

Page 1 of 4

https://www.mhc.tn.gov.in/judis

https://www.mhc.tn.gov.in/judis

H.C.P.(MD)No.1983 of 2022

ORDER

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

The father of the detenu has filed this Habeas Corpus Petition for a

direction to the respondent police to produce his daughter, Rajeswari, who

went missing from 16.11.2022 onwards.

2. When the matter was taken up for hearing, the detenu was

produced before this Court and she stated that she married the third

respondent last week in Dindigul. She made it very clear that she wants to

go along with the third respondent.

3. The parents of the detenu submitted that the detenu took away the

jewelleries, when she went away from home and wanted her to return back

the same in order to conduct the marriage of their elder daughter. When we

questioned about this to the detenu, she stated that she will give back all the

jewelleries to her parents.

Page 2 of 4

https://www.mhc.tn.gov.in/judis

https://www.mhc.tn.gov.in/judis

H.C.P.(MD)No.1983 of 2022

4. The petitioner and the detenu shall appear before the second

respondent police tomorrow (26.11.2022) and all the jewelleries shall be

handed over to the petitioner, in the presence of the second respondent and

the same shall be recorded by the second respondent. The second

respondent police shall record the statement of the parties and shall close

the FIR pending in Crime No.199 of 2022.

5. This Habeas Corpus Petition is disposed of accordingly.

(M.S.R.,J.) (N.A.V.,J.)

25.11.2022

Index

: Yes/No

Internet

: Yes

Sm

TO:

1.The Superintendent of Police,

Trichy District, Trichy.

2.The Inspector of Police,

Thuvarankurichi Police Station,

Thuvarankurichi, Trichy District.

3.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

Page 3 of 4

https://www.mhc.tn.gov.in/judis

https://www.mhc.tn.gov.in/judis

H.C.P.(MD)No.1983 of 2022

M.S. RAMESH, J.

and

N. ANAND VENKATESH, J.

Sm

Order made in

H.C.P.(MD)No.1983 of 2022

Dated

25.11.2022

Page 4 of 4

https://www.mhc.tn.gov.in/judis

https://www.mhc.tn.gov.in/judis

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