R. Subramani vs The Superintendent of Police and Others

M. Chockalingam, J.—This petition seeking issuance of a Writ of Habeas was filed by one R. Subramani alleging that his son aged about 20

years was found missing from 6.12.2008 and a complaint was given on 16.12.2008 but no steps have been taken to trace him and under the

circumstances, he has filed this petition.

Now, in answer to the above contentions, learned Additional Public Prosecutor states that the third respondent viz., K. Selvaraj has given a

complaint that his grand daughter is found missing from 6.12.2008 and on the basis of the complaint given, a case was registered in Crime No. 23

of 2009 u/s 366 of the IPC and investigation is on.

Now, at this juncture, both the alleged detenus appeared before this Court this day. Both of them have stated that a marriage took place

between them on 21.12.2008 at Thiruchendur Murugan Temple and thus, they are living together as husband and wife. The petitioner is also

present before the Court. It is also brought to the notice of the Court that both of them have attained majority.

The statement of the alleged detenus are recorded. Both the alleged detenus are set at liberty. Under the circumstances, either the request of the

petitioner to handover the custody of his son, the alleged detenu to the petitioner or the issuance of habeas corpus does not arise. Accordingly, the

Habeas Corpus Petition is dismissed.