A Habeas Corpus petition filed by a brother to secure the release of his detained sibling was closed by the Court. The Court observed that the detenu had previously produced himself, and thus no further order was necessary.
The Habeas Corpus Petition is closed; no order for release or production.
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: 02.02.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
AND
THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN
H.C.P.No.3064 of 2014
K.Mohammed Rafik ...Petitioner
Vs
1.The Director General of Police,
The Office of the Director General of Police,
Radhakrishnan Road,
Mylapore,
Chennai – 600 004
2.The Commissioner of Police,
The Office of the Commissioner of Police,
Greater Chennai,
Vepery,
Chennai – 7.
3.The Inspector of Police,
N3, Muthialpet Police Station,
Muthialpet,
Chennai – 600 001.
4.Perumal
Intelligent service,
B1, 2 nd Line Beach Police Station,
Chennai – 1. ...Respondents
Prayer:- This Habeas Corpus Petition is filed under Article 226 of
the Constitution of India to direct the respondents 1 and 3 to
rescue the petitioner's brother, Sithick, S/o Kadherbava, aged 31
years, from the illegal custody of the 4 th respondent and produce
him before this Court and set him at liberty forthwith.
For Petitioner : Mr.S.Rajanikanth For Respondents : Mr.A.N.Thambidurai, Additional Public Prosecutor .
O R D E R
This Habeas Corpus Petition has been filed by the brother of the detenu to direct the respondents 1 and 3, to rescue the petitioner's brother, Sithick S/o Kadherbava, aged 31 years, from the illegal custody of the 4th respondent and produce him before this Court and set him at liberty forthwith.
“6. I submit that during the course of the investigation, with regard to complaint against the 4th respondent, a departmental enquiry was completed by the Asst.Commissioner of Police, Egmore Range and requested to take disciplinary action against the 4th respondent dated 30.01.2015.
Thereafter, on 13.01.2015, the Sithick appeared before this Hon'ble Court and this Hon'ble Court adjourned the matter on 19.01.2015 but the said Sithick failed to appear before this Hon'ble Court on 19.01.2015 and once again adjourned the matter on 02.02.2015.”
Sd/-
Deputy Registrar(J)
//True Copy//
Sub Assistant Registrar
vsi
To
1.The Director General of Police,
The Office of the Director General of Police,
Radhakrishnan Road,
Mylapore,
Chennai – 600 004
2.The Commissioner of Police,
The Office of the Commissioner of Police,
Greater Chennai,
Vepery,
Chennai – 7.
3.The Inspector of Police,
N3, Muthialpet Police Station,
Muthialpet,
Chennai – 600 001.
4.The Public Prosecutor,
High Court, Chennai.
1 CC to Mr.S.Rajanikanth, Advocate SR.No. 5142
H.C.P.No.3064 of 2014
SKV (CO)
PSI (23.02.2015)
1 issue framed by the court
Whether a Habeas Corpus petition for illegal detention is maintainable where the detenu produced himself in court previously but failed to appear on the subsequent date.
1 provisions across 1 enactments
K.Mohammed Rafik
The Director General of Police
The Commissioner of Police
The Inspector of Police
Perumal Intelligent service
M.Jaichandren
Aruna Jagadeesan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
