Amirtham v. the Superintendent of Police
Case brief
What is this about?
In a habeas corpus petition filed by a mother seeking release of her missing daughter, the Madurai Bench of the Madras High Court found that the detenu produced herself and stated she had left voluntarily. The court held she was not in illegal custody and closed the petition.
What did the court decide?
The Habeas Corpus Petition was closed as the detenu was not in illegal custody.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE R.THARANI
H.C.P.[MD].No.1606 of 2018
Amirtham
: Petitioner
Vs.
- The Superintendent of Police, Madurai District, Madurai.
- The Inspector of Police, Thirumangalam Town Police Station, Madurai District.
- Kumar @ Anand : Respondents
PRAYER : Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body and person of the petitioner's daughter, namely, Mahalakshmi, D/o.Azhagumalai, Female, aged about 22 years, before this Court and set her at liberty.
Issues for consideration
2 issues framed by the court
Whether the habeas corpus petition survives for adjudication after the detenu was produced and stated she had gone out voluntarily.
Whether the detenu was in illegal custody.
Parties & counsel
- petitioner
Amirtham
- respondent
The Superintendent of Police, Madurai District, Madurai
- respondent
The Inspector of Police, Thirumangalam Town Police Station, Madurai District
- respondent
Kumar @ Anand
Coram
Case details
As recorded by the court registry
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