S.Thangaraj v. the Superintendent of Police
Case brief
What is this about?
This petition under Article 226 sought a writ of habeas corpus to produce the petitioner's missing daughter before the Court. The Court held she was not in illegal custody as she had eloped.
What did the court decide?
Direction to Deputy Superintendent of Police, Mettur to monitor the investigation and keep the petitioner informed; upon securing Sangeetha, she shall be produced before the Judicial Magistrate for cu
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 22.04.2021
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN
H.C.P.No.505 of 2021
S.Thangaraj .. Petitioner
Vs.
1.The Superintendent of Police
District Police Office
Nethimedu
Salem 636 002
2.The Inspector of Police
Mecheri Police Station
Mecheri
Salem 636 453
3.K.Periyaswamy .. Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to direct the respondents to produce the body or person of the petitioner's daughter namely Mrs.Sangeetha, aged 24 years, before this Court and set her at liberty forthwith.
It is the case of the petitioner that his daughter Sangeetha, aged 24 years, went missing from 18.02.2021 and that the police are not taking effective steps to secure her.
- On instructions, Mr.R.Prathap Kumar, learned Additional Public Prosecutor submitted that Sangeetha was married to one Munuswamy and she got estranged from him; thereafter, she developed intimacy with one Periyaswamy/3rd respondent and has eloped with him; in this regard, on a complaint lodged by the petitioner, a case in Mecheri P.S.Crime No.130 of 2021 for 'woman missing' has been registered on 03.03.2021 and investigation is in progress.
Issues for consideration
2 issues framed by the court
Whether a writ of habeas corpus lies when the petitioner alleges their daughter went missing and police are not taking effective steps.
Whether the petitioner's daughter is in illegal custody warranting a writ of habeas corpus.
Parties & counsel
- petitioner
S. Thangaraj
- respondent
The Superintendent of Police
- respondent
The Inspector of Police
- respondent
K. Periyaswamy
Coram
Case details
As recorded by the court registry
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