Petitioner wife filed Habeas Corpus for missing husband Abdul Khader. Court dismissed petition admitting husband was facing trial for 498A and other offences under IPC, thus not in illegal custody.
Writ of Habeas Corpus was denied and the petition was dismissed.
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: 23.11.2015
Coram
The Honourable Mr.JUSTICE R.SUDHAKAR
and
The Honourable Mr.JUSTICE P.N.PRAKASH
Habeas Corpus Petition No.2207 of 2014
A.Regina Begum
.... Petitioner
Vs.
1. The State represented by
Inspector of Police,
All Women Police Station,
Palladam, Tiruppur District.
2. Deivanayaki
.... Respondents
PETITION under Section 226 of The Constitution of India praying for the issuance of Writ of Habeas Corpus directing the respondents to produce the body of the detenu viz., Abdul Khader, aged about 32 years, before this Court and set him at liberty.
For Petitioner : Mr.J.R.Prabhakaran
For Respondents : Mr.A.N.Thambidurai, Addl. Public Prosecutor ---------O R D E R
(Order of the Court was made by P.N.PRAKASH,J.)
This Habeas Corpus Petition is filed by the wife of the detenu, Abdul Khader, seeking direction to the respondents to produce the detenu before this Court and set him at liberty.
the final report in C.C.No.219 of 2014 before the Judicial Magistrate, Palladam for offences under Section 498A, 294(b) and 506(i) IPC and trial is pending in that case.
sl Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
To
1. The State represented by
Inspector of Police,
All Women Police Station,
Palladam, Tiruppur District.
2. The Public Prosecutor, High Court, Madras.
H.C.P.No.2207 of 2014
MP/CO
KR/9/12
1 issue framed by the court
Whether the petition for issuance of Writ of Habeas Corpus is maintainable given the detenu is facing criminal prosecution.
1 provisions across 1 enactments
A.Regina Begum
The State represented by Inspector of Police, All Women Police Station, Palladam
Deivanayaki
R.SUDHAKAR
P.N.PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
