Nageswari v. the Commissioner of Police
Case brief
What is this about?
Wife filed habeas corpus for her husband. Court noted investigation showing husband is a missing accused now absconding. Petition closed as no legitimate custody issue exists against an absconding accused.
What the court decided
A compact analysis
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.[MD].No.524 of 2018
Nageswari : Petitioner
Vs.
1.The Commissioner of Police, Madurai City, Madurai.
2.The Deputy Commissioner of Police, [L&O], Madurai City, Madurai.
3.The Inspector of Police, Thallakulam Police Station, Madurai. : Respondents
PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the third respondent herein to produce person or corpus of the petitioner's husband, namely, Abimanyu, H/o.Nageswari, aged about 25 years, before this Court and set him at liberty.
Issues for consideration
3 issues framed by the court
Whether a writ of habeas corpus should be issued to produce a detenu who is found to be an absconding accused.
Whether the investigation report indicates that the alleged victim has turned into an accused.
If the detenu is absconding, whether the habeas corpus petition can be closed.
Parties & counsel
- petitioner
Nageswari
- respondent
Commissioner of Police, Madurai City, Madurai
- respondent
Deputy Commissioner of Police, [L&O], Madurai City, Madurai
- respondent
Inspector of Police, Thallakulam Police Station, Madurai
Coram
Case details
As recorded by the court registry
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