Petitioner filed a habeas corpus petition under Article 226 for the release of a detainee with whom he had a love affair. Court held he lacked locus standi as he was a stranger and not the husband, dismissing the petition as an abuse of process.
Petition dismissed on the ground that the petitioner had no locus standi to file the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.04.2015
CORAM
THE HONOURABLE DR.JUSTICE S.TAMILVANAN AND THE HONOURABLE MR.JUSTICE B.RAJENDRAN
H.C.P. No.1088 of 2015
K.Selvaraj ... Petitioner
-v-
1.State rep. by
Inspector of Police,
P-5, M.K.B.Nagar Police Station,
Chennai-600 039.
2.R.Rajendran
3.B.Muniraj ... Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution of
India praying for the issuance of a writ of Habeas Corpus directing
the respondents to produce the body of the detenue R.Pavithra,
D/o.Rajendran before this Court and to set her at liberty.
For Petitioner : Mr.S.Parthasarathy
For Respondents : Mr.A.N.Thambi Durai
Addl. Public Prosecutor
for R1
O R D E R
(Order of the Court was made by S.TAMILVANAN,J.)
This petition has been filed under Article 226 of the Constitution of India, directing the respondents to produce the body of the detenue R.Pavithra, D/o.Rajendran before this Court and to set her at liberty.
2.Learned counsel for the petitioner submits that the petitioner has love affair with the alleged detenue.
3.Admittedly, he is a stranger and he is not even the husband of the alleged detenue. Therefore, we are of the view that the petitioner has no locus standi to file this petition against the father of the alleged detenue/second respondent herein and the uncle
of the alleged detenue/third respondent herein and filing this type of petition would be construed only as an abuse of process of law.
5.With the above observation, this petition is dismissed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
vga
To
1.Inspector of Police,
P-5, M.K.B.Nagar Police Station,
Chennai-600 039.
2.The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
1 cc to Mr. S.Parthasarathy,Advocate, SR.No.23357
H.C.P. No.1088 of 2015
rj(co)
pmk.21.5.2015
1 issue framed by the court
Whether the petitioner moved by love affair and not being the husband has locus standi to file a habeas corpus petition against the detainee's father.
1 provisions across 1 enactments
K.Selvaraj
State rep. by Inspector of Police
R.Rajendran
B.Muniraj
S.TAMILVANAN
B.RAJENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
