VALARMATHI SELVAN Vs. ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner herein is the mother of a girl named Kum. Pavithra. S(hereinafter referred to as the 'alleged detenue'). She is approaching this court with an allegation that the alleged detenue is being illegally confined by the 3rd respondent. Hence, the petitioner is seeking for issuance of a writ of Habeas Corpus for directing production of the corpus of the alleged detenue and to set her at liberty.

(2.) It is averred in the writ petition that, the alleged detenue is missing since 29.05.2018 and the petitioner had lodged a complaint before the 2nd respondent on 30.05.2018. It is complained that, the 2nd respondent has not taken any proper steps for conducting enquiries based on the said complaint. The petitioner alleges that, the alleged detenue is kept by the 3rd respondent at some hide- out places, without allowing the petitioner or her husband to meet her. It is stated that, on 19.06.2018 the alleged detenue came to her house along with the 3 rd respondent, who was in fact accompanied by some of his henchmen. According to the petitioner, their attempt was to compel the petitioner to withdraw the complaint lodged before the 2 nd respondent. Subsequently, the 3rd respondent went back along with the alleged detenue. Under the compulsion of the 3rd respondent, the petitioner and her husband were forced to withdraw the complaint and the police was favouring the 3rd respondent in that respect, is the allegations. It is alleged that, the 3rd respondent is a wanted criminal and is engaged in some anti-social activities. Even though the petitioner lodged further complaints before the 2nd respondent, no action was taken to rescue the alleged detenue, is the allegation.

(3.) As directed from this court, the learned Government Pleader appearing on behalf of the respondents 1 and 2 got instructions in the matter and submitted that, while investigating the case registered with respect to the missing of the alleged detenue, the girl appeared before the police station along with the petitioner, on 19.06.2018. On interrogation, the alleged detenue said that she was at her grandmother's house at Thirunalveli.