The Madurai Bench of the Madras High Court dismissed a Habeas Corpus petition filed by a father seeking his daughter's production. The Court noted her history of eloping with the third respondent and found no illegal detention justifying the writ.
Writ of Habeas Corpus direction to produce detenu Muthumari was refused.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS. JUSTICE R.THARANI H.C.P.(MD)No.1700 of 2018
Velayutham
: Petitioner
Vs.
PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, to direct the respondents to produce the detenu or her corpus, namely, Muthumari, D/o.Velayutham, female, aged about 25 years before this Court and set her at liberty forthwith.
For Petitioner : Mr.A.Uthayakumar For Respondents : Mr.D.Dinesh Babu for R1 & R2 Additional Public Prosecutor
ORDER
[Order of the Court was made by R.SUBBIAH, J]
This Habeas Corpus Petition has been filed by the petitioner to produce his daughter, namely, Muthumari, aged 25 years.
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and on the strength of the complaint given by the petitioner, a case has been registered against the third respondent in Crime No.58/2018.
eloping with the third respondent again and again and since there is no illegal detention, this Court is not inclined to entertain this Habeas Corpus Petition. Accordingly, this petition is dismissed.
Sd/-
Assistant Registrar(P&A)
/True Copy/
Sub Assistant Registrar(CS-II)
To
Rr
MK/ES/RSK/SAR 2/27.12.2018/2P/4C
Order made in H.C.P.(MD)No.1700 of 2018 28.11.2018
1 issue framed by the court
Whether this Court has jurisdiction to issue a Writ of Habeas Corpus to produce a detenu who has been found missing and is alleged to have eloped.
1 provisions across 1 enactments
Velayutham
The Superintendent of Police, Ramnad District
The Inspector of Police, Peraiyur Police Station, Ramnad District
Arunraj
R. Subbiah
R. Tharani H.C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
