In Habeas Corpus petition, Court found that the detenue, a 19-year-old adult, voluntarily chooses not to return with her mother. Court held it cannot compel an adult against their will and dismissed the petition.
No direction to produce the petitioner's daughter was issued; the Habeas Corpus petition was closed.
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 : 18.06.2021
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
H.C.P.No.877 of 2021
S.P.Lakshmi D/o.Subbaiah Chettiar ... Petitioner versus 1.The Commissioner of Police, Coimbatore City, Coimbatore, Coimbatore District. 2.The Assistant Commissioner of Police, R.S.Puram Police Station, Coimbatore. 3.The Inspector of Police, R.S.Puram Police Station, Coimbatore. 4.The Inspector of Police, All Women Police Station, Kattur, Coimbatore.
5.Nivedita, C/o.ICSI Institute, Ram Nagar, Coimbatore. ... Respondents
Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, directing the third respondent to produce petitioner's daughter Anushya aged 19 years before this Court from the custody of the fifth respondent and set her at liberty.
For Petitioner : Mr.Rajasekar for Mr.C.K.M.Appaji
For Respondent Nos.1 to 4: Mr.R.Muniyapparaj Government Advocate [Crl. Side] For Respondent No.5 : Mr.R.Sivakumar (Vakalat not filed)
O R D E R
[Order of the Court was made by P.N.PRAKASH, J.]
This petition has been filed seeking a direction to the third respondent to produce petitioner's daughter viz. Anushya before this Court from the custody of the fifth respondent and set her at liberty.
Sd/Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
sri
To
1.The Commissioner of Police,
Coimbatore City, Coimbatore,
Coimbatore District.
2.The Assistant Commissioner of Police,
R.S.Puram Police Station,
Coimbatore.
3.The Inspector of Police,
R.S.Puram Police Station,
Coimbatore.
4.The Inspector of Police,
All Women Police Station,
Kattur, Coimbatore.
5.The Public Prosecutor,
High Court, Madras.
H.C.P.No.877 of 2021
GSM(CO)
CB(14/07/2021)
1 issue framed by the court
Whether the Court should direct the production of a 19-year-old detenue (Anushya) before the petitioner/parents under a Habeas Corpus petition.
1 provisions across 1 enactments
S.P.Lakshmi
The Commissioner of Police, Coimbatore City
The Assistant Commissioner of Police, R.S.Puram Police Station
The Inspector of Police, R.S.Puram Police Station
The Inspector of Police, All Women Police Station, Kattur
Nivedita
P.N.PRAKASH
R.PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
