Petitioner sought habeas corpus for his missing daughter. Court noted she had eloped and married; thus, illegal custody existed, and writ was not maintainable. Petition closed pending production before Magistrate.
Petition closed. Direct that detenue be produced before jurisdictional Magistrate for appropriate orders regarding custody.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2021
Coram
The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mr. Justice R.PONGIAPPAN
H.C.P.No.848 of 2021
Kumar .. Petitioner
Vs. 1.The Assistant Commissioner of Police, Annandhanapatty, Salem City, Salem District. 2.The Inspector of Police, Kondalampatti Police Station, Salem City, Salem District. ..Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the respondents police to produce the petitioner's missing daughter viz., Nandhini, aged about 22 years, before this Court and set her at liberty forthwith.
For Petitioner : Mr.A.Gokulakrishnan For Respondents Mr.J.C.Durairaj : Govt. Advocate (Crl.Side)
ORDER [Order of the Court was made by P.N.PRAKASH, J.]
This habeas corpus petition has been filed seeking to direct the respondents police to produce the petitioner's missing daughter viz., Nandhini, aged about 22 years, before this Court and set her at liberty forthwith.
Recording the same, this habeas corpus petition is closed. As and when the detenue Nandhini, aged about 22 years, is secured, she shall be produced before the jurisdictional Magistrate, under intimation to the petitioner. On such production, the learned Magistrate shall pass appropriate orders with regard to the custody in accordance with law. Sd/Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nsd To 1.The Assistant Commissioner of Police, Annandhanapatty, Salem City, Salem District. 2.The Inspector of Police, Kondalampatti Police Station, Salem City, Salem District. 3.The Public Prosecutor, Madras High Court, Chennai – 600 104. H.C.P.No.848 of 2021 JPL(CO) CB(05/07/2021)
1 issue framed by the court
Whether a writ of habeas corpus is maintainable when the missing person has eloped and married another person voluntarily.
1 provisions across 1 enactments
Kumar
Assistant Commissioner of Police, Annandhanapatty
Inspector of Police, Kondalampatti Police Station
P.N. Prakash
R. Pongiappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
