SEKAR Vs. THE INSPECTOR OF POLICE AND ANOTHER

JUDGEMENT

(1.) The petitioner, K.Sekar has filed the present petition for issuance of Writ of Habeas Corpus directing the first respondent to produce the body of her daughter S.Gayathri, aged 17 years, before this Court.

(2.) In the affidavit, filed along with the petition, the petitioner had contended that his daughter S.Gayathri was studying 12th Standard in Government Higher Secondary School, Thirupalapandal, Villupuram District and that she went missing from 06.03.2018 onwards. According to him, he searched for her and since he could not find out the whereabouts of his daughter, he lodged a complaint with the Inspector of Police, Thirupalapandal Police Station, which culminated into registration of FIR in Crime No.31 of 2018. The specific contention of the petitioner is that his daughter viz., S. Gayathri is in the illegal custody of the second respondent herein.

(3.) Notice was issued to both the respondents and in response to the said notice, the first respondent produced the detenue before this Court on 06.04.2018. We interacted with the petitioner's daughter S. Gayathiri. She informed this Court that she married the second respondent and that her date of birth is 02.02.2000 and produced a copy of birth extract. The petitioner's contention is that the detenue S. Gayathiri was born only on 14.05.2001, as evidenced by the school records. Therefore, this Court, in order to ascertain the age of the petitioner's daughter, directed the Dean of the Government General Hospital, Chennai to depute a Radiologist and to conduct a radiological examination of the petitioner's daughter S. Gayathri. On the directions issued by this Court, the age certificate was issued, in which it is stated that the detenue S. Gayathri is aged 18 to 19 years. Since the school records shows that the date of birth of the detenue is 14.05.2001, the detenue was directed to be lodged in the Government Home for Girls, No. 300, Purasaiwakkam High Road, Kellys, Chennai 10. At this juncture, the Government Advocate (Crl. Side) appearing for the first respondent was directed to investigate into this matter and find out the correct date of birth of the detenue. Accordingly, a statement of the Tahsildar recorded under section 163(1) of the Code of Criminal Procedure, 1973 and the Register of Birth and Death maintained by the Municipality, Thirukoilur were produced before this Court.