Dismissed

C.Joshua Immanuel v. the Superintendent of Police

Madras HC24 Aug 2021HCP/1284/2021

Case brief

AI extract

What is this about?

A Habeas Corpus petition was filed regarding the alleged wrongful confinement of the petitioner's wife by respondents 3 to 5. Upon the petitioner's wife appearing before the court and stating she was not detained but residing with her parents, the court found no illegal detention.

What did the court decide?

Petitioner's prayer for issuance of Writ of Habeas Corpus to secure and produce the petitioner's wife was rejected and petition closed.

C.Joshua Immanuel Vs the Superintendent of Police — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.08.2021

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CORAM

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THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MS.JUSTICE R.N.MANJULA

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H.C.P.No.1284 of 2021

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C.Joshua Immanuel S/o.R.Chandrasekar

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... Petitioner

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1.The Superintendent of Police, Kallakuruchi,

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Kallakuruchi District.

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2.The Inspector of Police, Thirukoilur Police Station, Kallakuruchi District.

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3.E.Mathews Raja Gembeeram S/o.Ezekial Selvaraj

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4.Vinolia Mathews W/o.E.Mathews

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5.R.Sathiyaraj S/o.Late Rajendran

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... Respondents

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Habeas Corpus Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus directing the first respondent to secure and produce the petitioner's wife, namely, Esther Magthalene Anne, W/o.C.Joshun Immanuel aged about 26 years, from the illegal custody and wrongful confinement in the hands of the respondents 3 to 5 before this court and set her at liberty.

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For Petitioner : Mr.R.Narendran

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For Respondents: Mr.R.Muniyapparaj Government Advocate [crl.side]

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O R D E R

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[Order of the Court was made by P.N.PRAKASH, J]

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This petition has been filed seeking a direction to the first respondent to secure and produce the petitioner's wife, namely, Esther Magthalene Anne, aged about 26 years, from the https://hcservices.ecourts.gov.in/hcservices/ illegal custody and wrongful confinement in the hands of the

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respondents 3 to 5 before this court and set her at liberty.

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It is the case of the petitioner that he got married to the detenue Esther Magthalene Anne on 14.06.2021 and thereafter, she is in the illegal custody of respondents 3 to 5. In this regard, he gave a complaint to the police, based on which a case in Thirukoilur P.S.Crime No.774 of 2021 for 'woman missing' has been registered. It is the grievance of the petitioner that the police are not taking effective steps to secure the detenue. Therefore, the present petition has been filed seeking the aforesaid relief.

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Today, Mr.K.Elumalai, Special Sub-Inspector, is present. Esther Magthalene Anne is also present.

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When enquired by us, Esther Magthalene Anne stated that she is not in the illegal detention of any person and she is staying in her parental home.

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In the aforestated circumstance, we find that Esther Magthalene Anne is not in the illegal detention of anyone warranting issuance of Writ of Habeas Corpus.

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Accordingly, the Habeas Corpus Petition is closed.

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Sd/-

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Assistant Registrar (CS-)

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//True Copy//

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Sub Assistant Registrar

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1.The Superintendent of Police, Kallakuruchi, Kallakuruchi District.

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2.The Inspector of Police, Thirukoilur Police Station, Kallakuruchi District.

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3.The Public Prosecutor, High Court, Madras.

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H.C.P.No.1284 of 2021

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PL(CO)

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GN(14/09/2021)

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https://hcservices.ecourts.gov.in/hcservices/

C.Joshua Immanuel v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

C.Joshua Immanuel v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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