The High Court dismissed a writ of habeas corpus filed by the daughter of a missing mentally deranged man. The court directed the police to continue the investigation and produce the detenu if traced.
Direction to proceed with investigation to trace the missing detenu and produce him before the Magistrate if found.
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: 11.07.2019
CORAM
THE HON'BLE MR. JUSTICE M.M.SUNDRESH AND
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR
H.C.P.No.188 of 2019
R.Sangeetha ..Petitioner
Vs. 1. The Commissioner of Police, Office of the Commissioner EVK Sampath Road, Vepery, Chennai - 600 007. 2. The Inspector of Police, P-5 M.K.B.Nagar Police Station, M.K.B.Nagar, Vysarpadi, Chennai - 600 039. .. Respondents
Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, to direct the 2nd respondent to produce the body of the detenue S.Radhakrishnan aged about 68 years before this Court and set him at liberty.
For Petitioner : Mr.Shaikh Mehrunisa
For Respondents : Mr.R.Prathap kumar
Additional Public Prosecutor
ORDER
(Order of the Court was delivered by M.M.SUNDRESH, J.)
The petitioner is the daughter of the detenu - S.Radhakrishnan, aged 68 years, who is a mentally deranged person. Seeking a direction to the respondents for production of the missing detenu, the petitioner is before this court with this petition.
followed by verification in the various Homes and Mortuaries have been made. However, no progress as of now.
kmk/msrm
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1. The Commissioner of Police,
Office of the Commissioner
EVK Sampath Road,
Vepery,
Chennai - 600 007.
2. The Inspector of Police,
P-5 M.K.B.Nagar Police Station,
M.K.B.Nagar,
Vysarpadi,
Chennai - 600 039.
H.C.P.No.188 of 2019
Kak(08/08/2019)
3 issues framed by the court
Whether the Habeas Corpus petition should be allowed to direct production of the missing mentally deranged detenu.
Whether the petition should be dismissed with a direction to proceed with investigation.
Whether the detenu should be produced before the jurisdictional Magistrate when traced.
1 provisions across 1 enactments
R.Sangeetha
The Commissioner of Police
The Inspector of Police
M.M.Sundresh
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
