V. RADHA Vs. THE STATE AND ORS.

JUDGEMENT

(1.) The petitioner, the mother of the minor girl Ms.Vigneshwari, aged 15 years has come up with this Habeas Corpus Petition alleging that the said minor girl was missing from 29.11.2015 onwards. She made a complaint to the first respondent herein upon which the first respondent registered a case in Crime No. 183/2015 under Sec. 366(A) I.P.C. Since the petitioner expressed that the minor girl might have been kidnapped by the second respondent herein, the said case was registered against the second respondent. Since the girl was not secured by the first respondent, the petitioner filed this Habeas Corpus Petition as early as on 16.12.2015.

(2.) When the matter came up for hearing on 21.12.2015, the learned Additional Public Prosecutor took notice for the first respondent and this Court ordered notice to the second respondent. The second respondent has not made appearance. Despite several adjournments, the first respondent did not secure the minor girl.

(3.) On 25.02.2016, when the matter came up for hearing, the Inspector of Police filed a status report, wherein, he had stated that it is true that the minor girl was missing but she was not kidnapped by the second respondent. Therefore, according to the Inspector of Police, it was a false case. Accordingly, the first respondent closed the case as mistake of fact and a notice to the said effect was issued to the petitioner as early as on 07.12.2015 itself.