SELVI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this court, the petitioner one Selvi has brought forth this petition for the issue of a writ of habeas corpus, alleging that her daughter Chitra, aged 14 years was found missing from 23.09.2008 and she came to know that her daughter was kidnapped by the third respondent, in whose shop she was working that a complaint was given to the second srespondent on 29.09.2008, but they refused to take the complaint and under these circumstances, the complaint was presented before the District Collector, Ariyalur and there was an appointment given by him and thereafter, no action was taken and hence the petitioner was compelled to approach this court by way of this petition.

(2.) IN answer to the above, the learned counsel for the State would submit on instructions from respondents 1 and 2 that no complaint was lodged or pending in the hands of the second respondent. Even from the averments made in the petition and the submissions made by the learned counsel, it would be quite clear that no complaint was actually available in the hands of the second respondent. Under these circumstances, it would be fit and proper to grant permission to the petitioner to lodge a complaint to the second respondent within one week herefrom. Accordingly, permission is granted. The second respondent is directed to take immediate action in this regard, register a case and proceed further as and when complaint is lodged before him. With the above directions, this petition is disposed of.