Petitioner filed a habeas corpus petition seeking to produce his 18-year-old daughter from the third respondent's alleged illegal custody. The Court held that since the detainee is a major who left on her own volition, no illegal detention exists, and the petition is closed.
The habeas corpus petition stands closed as no illegal detention exists.
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: 05.01.2021
Coram
The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM
H.C.P. No. 2460 of 2020
Murugan .. Petitioner
Vs.
1. The Commissioner of Police,
Office of the Commissioner of Police,
EVK, Sambath Salai,
Veppery, Chennai,
Chennai District.
2. The State Rep. by
The Inspector of Police,
E3-Teynampet Police Station,
Teynampet, Chennai,
Chennai District.
3. Suthanraj .. Respondents
Petition filed under Article 226 of the Constitution of
India praying to issue a writ of habeas corpus directing the
second respondent herein to produce the body and person of the
petitioner daughter namely Swetha, aged about 18 years,
D/o.Murugan, before this Court from the illegal custody of the
third respondent herein and set her at liberty.
For Petitioner .. Mr.D.Arun For Respondents .. Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 and R2 ORDER [Order of the Court was made by P.N.PRAKASH, J.]
Seeking a direction to the second respondent herein to produce the petitioner's daughter namely, Swetha, aged about 18 years, D/o.Murugan, before this Court from the illegal custody of the third respondent herein and to set her at liberty, the
present habeas corpus petition has been filed.
1 issue framed by the court
Whether the petition filed for habeas corpus regarding the alleged illegal custody of an 18-year-old major who left on her own volition warrants a direction to produce her from illegal custody.
1 provisions across 1 enactments
MURUGAN
THE COMMISSIONER OF POLICE
THE STATE REP BY THE INSPECTOR OF POLICE
SUTHANRAJ
P.N.PRAKASH
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
