G.Ragaiah v. the Inspector of Police
Case brief
What is this about?
Petitioner filed a writ of habeas corpus for his missing daughter. Court noted it appears to be an elopement case. Due to delay and lack of trace, petition closed but investigation continuation directed.
What did the court decide?
The Habeas Corpus Petition stands closed. The first respondent is directed to continue with the investigation and produce the detenue before the jurisdictional Magistrate as and when secured.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2019
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and
The Hon'ble Mr. Justice M.NIRMAL KUMAR
H.C.P.No.35 of 2018
G.Ragaiah .. Petitioner Vs
1.The Inspector of Police, Mahakavi Bharathiyar Nagar Police Station, Chennai District.
2.Udayashankar .. Respondents
Petition filed under Article 226 of the Constitution of India praying for a writ of habeas corpus, directing the first respondent to produce the body of G.R.Srividya, aged about 29 years, daughter of petitioner before this Court and set her at liberty.
For Petitioner .. Mr.P.Saravanan For Respondents.. Mr.C.Iyyappa Raj, Addl. Public Prosecutor for R1 Mr.J.C.Durairaj for R2
ORDER
Issues for consideration
3 issues framed by the court
Whether the habeas corpus petition should be closed given the detenue could not be traced despite investigation efforts.
Whether the petitioner should be directed to pursue the matter further after a significant delay in filing the present petition.
What direction should be issued to the respondent regarding the continuation of the investigation and production of the detenue.
Parties & counsel
- petitioner
G. Ragaiah
- respondent
Inspector of Police, Mahakavi Bharathiyar Nagar Police Station, Chennai District
- respondent
Udayashankar
Coram
Case details
As recorded by the court registry
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