C.R.Selvarani v. the State Rep.by
Case brief
What is this about?
A habeas corpus petition sought direction to respondents to secure a minor daughter allegedly illegally detained by the third respondent. The police submitted that the accused was arrested, the girl was secured, and handed over to parents. The Court closed the petition accordingly.
What did the court decide?
Order closing the habeas corpus petition as the minor child was secured and handed over to parents following police action.
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: 06.01.2021
Coram
THE HON'BLE MR. JUSTICE P.N.PRAKASH
AND
THE HON'BLE MR. JUSTICE V.SIVAGNANAM
H.C.P. No. 2290 of 2020
C.R.Selvarani .. Petitioner
Vs.
1.The State rep. by
The Superintendent of Police,
Dharmapuri, Dharmapuri District.
2.The Inspector of Police,
Harur Police Station,
Dharmapuri District.
3.K.Sivakumar .. Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus to direct the respondents 1 and 2 to secure the petitioner's minor daughter namely J.Hemamalini, aged about 17 years, who has been illegally detained under the custody of the third respondent herein and produce her before this Court and hand over to the petitioner.
Seeking a direction to respondents 1 and 2 to secure the petitioner's minor daughter, who has been illegally detained under the custody of the third respondent herein and produce her before this Court and hand over her to the petitioner, the present habeas corpus petition has been filed.
2.It is the case of the petitioner that her daughter X has been taken into illegal custody by the third respondent and that the police have not taken any action on her complaint.
Issues for consideration
3 issues framed by the court
Whether the Court should issue a writ of Habeas Corpus to direct police to secure and hand over a minor girl allegedly detained by a third party after her safe recovery.
Whether the habeas corpus petition requires further adjudication given the police report that the accused was arrested and the victim handed over to parents.
How to proceed when the petitioner approaches the High Court via alternative remedy after police action followed the complaint.
Parties & counsel
- petitioner
C.R.Selvarani
- respondent
The State rep. by The Superintendent of Police, Dharmapuri
- respondent
The Inspector of Police, Harur Police Station, Dharmapuri District
- respondent
K.Sivakumar
Coram
Case details
As recorded by the court registry
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