IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.12.2008 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE S.RAJESWARAN H.C.P.NO.2025 OF 2008 Selvi .. Petitioner Vs. 1.The Superintendent of Police, Ariyalur. 2.The Inspector of Police, Tha. Bazhur Police Station, Jayankondam, Ariyalur District. 3.Chinnaraasu .. Respondents This habeas corpus petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of habeas corpus, directing the respondents to produce the petitioner's minor daughter Chitra, aged 14 years and consequently, hand over her custody to the petitioner herein. For Petitioner : Ms.V.Umashankari For Respondents: Mr.P.Kumaresan, APP ORDER (The order of the court was made by M.CHOCKALINGAM, J.) 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 respondent 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 https://hcservices.ecourts.gov.in/hcservices/ 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. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. vvk To 1.The Superintendent of Police, Ariyalur. 2.The Inspector of Police, Tha. Bazhur Police Station, Jayankondam, Ariyalur District. 3.The Public Prosecutor, High Court, Madras. + 1 cc to M/s.V.Umashankari,Advocate, SR.71151 H.C.P.NO.2025 OF 2008 NM(CO) EM/30.12.08 https://hcservices.ecourts.gov.in/hcservices/