The petitioner filed a habeas corpus petition for his missing daughter. The court examined the detention and the detenu voluntarily stated she was living with a friend and did not wish to return home. Finding no illegal custody, the court closed the petition.
The petition stands closed as the detenu is not in the illegal custody of anyone.
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H.C.P.No.2394 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2022
Coram
The Honourable Mr. Justice P.N.PRAKASH and
The Honourable Mr. Justice G.CHANDRASEKHARAN
H.C.P.No.2394 of 2022
T.K.Shankar
.. Petitioner
Vs
Petition filed under Article 226 of the Constitution of India to issue a
writ of Habeas Corpus directing the respondent herein to produce the body of the detenu S.Keerthana, D/o.T.K.Shankar, aged about 27 years, before this Court and set her at liberty.
Page 1 of 4
H.C.P.No.2394 of 2022
For Petitioner : Ms.M.Abbirami For Respondents : Mr.R.Muniyapparaj Addl. Public Prosecutor
ORDER
(Made by P.N.PRAKASH, J. )
This habeas corpus petition has been filed by the petitioner seeking a direction to the respondents herein to produce her daughter S.Keerthana, aged about 27 years, before this Court and set her at liberty.
about 27 years, went missing from 14.11.2022 and thereafter, her whereabouts are not known. It is the grievance of the petitioner that the police are not taking effective steps to secure his daughter, despite his complaint.
Inspector of Police, V-1, Villivakkam Police Station, Chennai, is present.
Page 2 of 4
H.C.P.No.2394 of 2022
submitted that on a complaint given by the petitioner, a petition enquiry in C.S.R.No.529 of 2022 was registered.
enquired her, she stated that her date of birth is 14.07.1995 and she is twenty seven years old. She further stated that she is living in her friend's house at Door No.46, Krishnaveni Ammal Nagar, Iyyapanthangal, Chennai – 56 and her mobile number is 9677236564. Further, she stated that she does not want to return to her parents' house.
custody of anyone, no writ of habeas corpus can be issued.
Hence, this habeas corpus petition stands closed.
J.) nsd
(P.N.P., J.) (G.C.S., 24.11.2022
Page 3 of 4
H.C.P.No.2394 of 2022
P.N.PRAKASH, J. and G.CHANDRASEKHARAN, J.
nsd
To
H.C.P.No.2394 of 2022
24.11.2022
Page 4 of 4
2 issues framed by the court
Whether a writ of habeas corpus can be issued when the detenu is not in illegal custody and voluntarily resides with a friend.
Whether the petitioner's grievance that police were not taking effective steps warrants issuance of a writ of habeas corpus.
1 provisions across 1 enactments
T.K.Shankar
S.Keerthana
The Commissioner of Police, Chennai City Police, Greater Chennai
The Inspector of Police, V-1, Villivakkam Police Station, Chennai
P.N.PRAKASH
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
