R. Sundar Rajan v. Inspector of Police, Aambur All Women Police Station
2018-05-07
S.M.SUBRAMANIAM, S.RAMATHILAGAM
body2018
DigiLaw.ai
ORDER : S. Ramathilagam, J. The petitioner who is the father of the detenue by name Dhanalakshmi, aged about 18 years has preferred this petition directing the respondent to produce the said detenue, his daughter before this Court and to set her at liberty. 2. In view of the Writ Petition filed, the first respondent has filed a status report stating that the detenue who is aged about 19 years working in a Private Shoe Company had developed lover affair with the second respondent and in that situation, she went out for work and did not turn home. The second respondent illegally brought the said Dhanalakshmi along with him who is already married and having wife by name Aruna and three children. The petitioner also searched his daughter in his friends and relatives house but could not able to trace her. 3. Pursuant to the filing of the present Habeas Corpus Petition and when this Court had directed the first respondent-Police to initiate appropriate action, the first respondent commenced the investigation and had taken sincere efforts to secure the detenue from the alleged illegal detention. However, during the course of investigation, it was found that the detenue herself, on her own willingness, had eloped with the second respondent. The elopement of the detenue with the second respondent was at her own volition. The Inspector of Police, All Women Police Station, Ambur, Vellore District, filed Status Report on 30th November 2017, stating that on 21.10.2017, the petitioner's daughter took two sovereigns of gold chain along with cash of Rs.30,000/- and eloped with the second respondent and thereafter, the whereabouts of the detenue and the second respondent was unknown. 4. Thus, the petitioner was constrained to lodge a complaint before the Police Station, in order to secure the detenue. However, after knowing the fact that the daughter of the petitioner eloped with the second respondent, the petitioner himself requested the police not to initiate any further action on the complaint submitted by him before the Police Station. Further, it is stated that the wife of the second respondent also lodged a complaint simultaneously before the Umrabad Police Station in respect of the missing of her husband as well as the petitioner's daughter. 5.
Further, it is stated that the wife of the second respondent also lodged a complaint simultaneously before the Umrabad Police Station in respect of the missing of her husband as well as the petitioner's daughter. 5. On a perusal of the Status Report, we are of the considered opinion that it is the case of an elopement and there is no illegal detention as such set out in the Habeas Corpus Petition. This apart, the petitioner himself insisted the police not to initiate any action on the complaint submitted by him. 6. This being the factum, this Court is of an opinion that the ground of illegal detention, as set out in the present Habeas Corpus Petition on hand, has not been established nor any material is available to show that the daughter of the petitioner is in illegal detention. 7. Contrarily, the investigation revealed that the daughter of the petitioner eloped with the second respondent at her own volition and not at the instance of anybody, more-so, she is not under the illegal detention of the second respondent. 8. Thus, no further consideration needs to be undertaken in respect of the other grounds raised in the Habeas Corpus Petition. Accordingly, the present Habeas Corpus Petition stands dismissed.