In a habeas corpus petition seeking release of the petitioner's husband detained by police, the Court held that filing the petition to escape legal process in a criminal investigation under investigation by the District Crime Branch was an abuse of court's jurisdiction.
The petition seeking a writ of habeas corpus directing the release of the detenu 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
DATE : 03.07.2018
CORAM
THE HONOURABLE DR. JUSTICE S.VIMALA AND
THE HONOURABLE MRS. JUSTICE S.RAMATHILAGAM
H.C.P. NO. 1278 OF 2018
C.Kowsalya .. Petitioner
Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of habeas corpus directing the 1st respondent to produce the detenu, Chinnakkannu, now detained by the 2nd respondent before this Hon’ble Court and set her at liberty.
For Petitioner : Mr. C.Prakasam For Respondents: Mr. R.Prathap Kumar, APP for R-1
ORDER (DELIVERED BY DR. S.VIMALA, J.)
The petitioner herein has filed this present petition seeking a direction to the 1st respondent to release her husband, Chinnakkannu, from the custody of the 2nd respondent.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
GLN
To
The Inspector of Police
Thalaivasal Police Station
Thalaivasal, Salem District.
+1cc to M/s.C.Prahasam, Advocate Sr.No.43027
PPA(CO)
sm:20.7.2018
H.C.P. NO.1278 OF 2018
1 issue framed by the court
Whether the invocation of writ jurisdiction under Article 226 in a commercial dispute arising from an investigation for judicial purposes amount to an abuse of process of law.
1 provisions across 1 enactments
C.Kowsalya
Inspector of Police, Thalaivasal Police Station
Vairaperumal
Dr. Justice S.Vimala
Mrs. Justice S.Ramathilagam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
