A habeas corpus petition filed to produce a missing brother-in-law was dismissed. The court found no illegal detention as the detenu was reportedly at large due to cheating allegations. The petition is dismissed, but investigation is directed.
Writ of Habeas Corpus dismissed; investigation directed to be proceeded with.
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 : 09.8.2016
CORAM
THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
H.C.P.No.1395/2016
Thiru.S.Ramesh .. Petitioner
Vs
The State Rep. by The Inspector of Police, Thellar Police Station, Thellar, Thiruvannamalai. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondent police to produce the brother-in-law, P.Thangavelu, son of Parasuraman aged 40 years either in body or person before this Court and set him at liberty.
For Petitioner : Mr.Thanga Vadhanabalakrishnan For Respondent : Mr.V.M.R.Rajentren, Additional Public Prosecutor
ORDER [Order of the Court was made by S.NAGAMUTHU,J]
The petitioner is the brother-in-law of one P.Thangavelu, aged 40 years. According to the petitioner, he has been found missing from 23.06.2016 onwards. In this regard, on a complaint made, a case has been registered in Cr.No.115/2016 on the file of Thellar Police Station. Since the detenu has not been secured, the petitioner has come up with this Habeas Corpus Petition.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
kua
To
1. The Inspector of Police,
Thellar Police Station,
Thellar, Thiruvannamalai.
2.The Public Prosecutor, High Court, Madras.
+ 1 cc to Thanga Vadhanabalakrishnan, Advocate SR.45181
H.C.P.No.1395/2016
EV(CO)
Eu 09/09/2016
1 issue framed by the court
Whether a Writ of Habeas Corpus is maintainable when the detenu has gone into hiding due to cheating allegations and no illegal detention exists.
1 provisions across 1 enactments
S.Ramesh
The State Rep. by The Inspector of Police, Thellar Police Station
S.Nagamuthu
V.Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
