PHILOMINA NAYAK Vs. STATE

JUDGEMENT

(1.) The petitioner is the mother of the minor detenus, viz., Ankita, aged about 12 years ; Geetha aged about 9 years; Sangeetha, aged about 6 years and her sister's daughter namely Summi, aged about 5 years and she came forward to file this Habeas Corpus Petition stating among other things that one of her daughters, viz., Ankita, was suffering due to some illness and with the help of one NGO by name Mission Humaitaire headed by Mrs. Therry Gagner, the said child was given treatment and she got cured. Ankita was also admitted in Vasavi CBSE International School at Puducherry and since the said school insisted for the consent from the natural guardian or to obtain an Adoption Deed and accordingly, the petitioner executed the Adoption Deed in favour of Therry Gagner through Adoption Deed bearing No. 1318/2017 dtd. 12/9/2017 registered on the file of the office of the Sub Registrar, Oulgarpet, Pudhucherry. The said person, who is a French National, also took care of the other minor daughters of the petitioner.

(2.) On 7/2/2018, the 2nd respondent went to Vasavi CBSE International School and forcefully taken Ankita and brought her to her residence along with Therry Gagner and when the husband of the petitioner enquired, he was informed that the 2nd respondent received an anonymous complaint, alleging that Therry Gagner has sexually abused the said child. In this regard, the 1st respondent has also registered a case in Crime No. 16/2018 for the commission of the offences under relevant provisions including POCSO Act.

(3.) It is brought to the notice of this Court that the case after investigation, has culminated into a charge sheet and the same is taken on file in Spl. CC. No. 21/2018 on the file of the Special Court for POCSO Act cases, Puducherry, and the trial is going on. The petitioner also filed a petition before the said Court seeking custody of the detenus and the same came to be dismissed with a liberty to approach this Court and accordingly, she has filed the present Habeas Corpus Petition.