Petitioner sought habeas corpus for her missing 17-year-old daughter. Respondents produced the girl who preferred her mother's custody. Court allowed petition and reopened investigation.
Petition allowed; detenue produced voluntarily. Respondents directed to proceed with investigation.
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: 12.03.2019
Coram
The Honourable Mr.Justice R.SUBBIAH and
The Honourable Mr.Justice KRISHNAN RAMASAMY
H.C.P.No.418 of 2019
K.Mogiliyammal .. Petitioner
vs.
1. The Superintendent of Police,
Vellore District,
Vellore.
2. The Inspector of Police,
Gudiyatham Taluk Police Station,
Gudiyatham 632 602.
3. Naveen Kumar .. Respondents
Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus directing the 1st and 2nd respondents to produce the body of the detenue/namely Sasikala aged 17 years, Daughter of Mogiliyammal from the illegal custody of the third respondent before this Court and hand over to the petitioner.
Petitioner is the mother of the detenue. She has filed the above habeas corpus petition seeking direction to the respondents 1 and 2 to produce the body of her daughter/detenue namely, Sasikala before this Court.
Sd/Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
dpq
To
+1 cc to M/s.C.Anbu, Advocate Sr.No.23378
H.C.P.No.418 of 2019
VSN-II(CO)
CSL/10.04.2019
2 issues framed by the court
Whether the habeas corpus petition filed seeking production of the detenue, Sasikala, should be allowed after she is produced before the Court.
Whether the Court should restrain the police from proceeding with the criminal investigation against the accused.
1 provisions across 1 enactments
K.Mogiliyammal
The Superintendent of Police, Vellore District
The Inspector of Police, Gudiyatham Taluk Police Station
Naveen Kumar
R.SUBBIAH
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
