In a habeas corpus petition filed by Moses Daniel alleging illegal custody of his wife Divya, the court heard submissions that the detenue was secured and living with the petitioner, leading to the dismissal of the petition.
The Habeas Corpus petition stands 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
DATED: 27.09.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN
H.C.P. No. 1482 of 2018
Moses Daniel ... Petitioner
-vs-
1.The State Rep. By
The Superintendent of Police,
Kancheepuram District.
2.The Inspector of Police
T14, Mangadu Police Station,
Kancheepuram District.
3.Shanthi ... Respondents
Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Habeas Corpus calling for the records
of the petitioners complaint dated 21.07.2018 on the file of the
second respondent and direct the respondents herein to produce
the petitioner's wife, Divya, aged about 27 years, who is in the
illegal custody of the third respondent herein and set her at
liberty.
For Petitioner : Mr.S.Silambu Selvan
For Respondents Mr.R.Prathap Kumar
: Addl. Public Prosecutor for
R1,R2
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.]
Seeking a direction to the respondents herein to produce the petitioner's wife, Divya, aged about 27 years, who is in the illegal custody of the third respondent herein and set her at liberty, the present Habeas Corpus Petition has been filed.
Sd/Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
To
1.The Superintendent of Police,
Kancheepuram District.
2.The Inspector of Police
T14, Mangadu Police Station,
Kancheepuram District.
3.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.S.SilambuSelvan, Advocate Sr.83716
H.C.P. No. 1482 of 2018
br[co] srg 15/11/2019
1 issue framed by the court
Whether the Habeas Corpus petition should be dismissed given a submission that the detenue is living with the petitioner.
1 provisions across 1 enactments
Moses Daniel
The State Represented by the Superintendent of Police, Kancheepuram District
The Inspector of Police T14, Mangadu Police Station, Kancheepuram District
Shanthi
M.M. SUNDRESH
RMT. TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
