In a habeas corpus petition alleging illegal detention of the petitioner's son, the petition was dismissed. The petitioner's counsel admitted the detenu had returned home, making allegations of illegal custody disputed and unavailable for judicial determination.
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.1618/2016
V.Gnanamurthy .. Petitioner
Vs
Dharmapuri District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the respondents police to produce the son of the petitioner, Mr.Purushothaman, aged about 30 years, resident of No.345/16, Mariappan Nagar, Ammur Road, Muthukadai, Ranipet, Wallajah Taluk, Vellore District, the detenue before this Court and set him free at liberty.
For Petitioner : Mr.M.Duraimurugan 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 father of one Purushothaman, aged 30 years. According to the petitioner, the second respondent had taken Purushothaman in illegal custody. Therefore, he has come up with this Habeas Corpus Petition.
1 issue framed by the court
Whether allegations of illegal detention under Article 226 can be adjudicated when the accused has already been released and police defend custody was legal?
1 provisions across 1 enactments
V.Gnanamurthy
The Superintendent of Police, Dharmapuri District
The Inspector of Police (Crime), Dharmapuri Town Police Station
S.Nagamuthu
V.Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
