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Judgment
V. Periya Karuppiah, J.—This Habeas Corpus Petition has been filed by the petitioner seeking for the production of his son by name Ganeshkumar, aged about 19 years, before this Court and set him at liberty, alleging that the detenu is under the illegal custody of the third respondent.
Today, the detenu-Ganeshkumar, aged about 19 years, has been produced by the second respondent-Police before us. On enquiry, we understand that the detenu was not under illegal detention of anyone, much less the third respondent. The detenu has stated that he would like to go along with his father/the petitioner herein. However, the petitioner is not present before this Court.
On his version, we find that he is not under the illegal custody of anyone, much less the third respondent. Therefore, the detenu-Ganeshkumar is set at liberty to go according to his wish.
Learned counsel for the third respondent would submit in his argument that the victim girl is present and a complaint has been given by the third respondent against the detenu for kidnapping and raping the victim girl on 17.09.2011 with the second respondent-Police on 18.09.2011, but the same was not taken cognizance by the second respondent-Police and hence, he requested that the vicitim girl may be enquired by the Court, to that extent.
Learned Additional Public Prosecutor would submit, in his argument that a complaint was given by the third respondent on 17.09.2011 for which a CSR receipt has been issued and the same is under enquiry.
Considering the submissions made on both the sides, we could say that if the alleged offences in the complaint are true, they are serious in nature. The second respondent-Police ought to have enquired into the allegations and if they are made out, the second respondent-Police is obliged to register the case on the complaint. Learned Additional Public Prosecutor would also submit that the police would register the case on the complaint if a serious case is made out, as mentioned in the complaint of the third respondent. The said statement made by the learned Additional Public Prosecutor is recorded.
Since, the detenu has been produced and he is set at liberty to go according to his wish, the Habeas Corpus Petition is closed, as nothing further remains to be considered.