Kalyanasundara v. the Commissioner of Police
Case brief
What is this about?
Petitioner filed a habeas corpus petition for his 17-year-old daughter who had eloped. Court rejected the claim of illegal custody but directed supervision of police investigation and future production of the detenue before a Magistrate.
What did the court decide?
Petition closed; petition to supervise investigation and direct production of detenue before Judicial Magistrate.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2022
Coram
The Honourable Mr. Justice P.N.PRAKASH and
The Honourable Mr. Justice A.A.NAKKIRAN
H.C.P.No.627 of 2022
Kalyanasundaram .. Petitioner/ Father of the Detenue
Vs.
1.The Commissioner of Police, Chennai District.
2.State represented by The Inspector of Police, Nolambur Police Station, Anna Nagar Chennai District. .. Respondents
Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent to produce the petitioner's daughter viz. K.Induja, aged about 17 years, D/o.A.Kalyanasundaram, before this Court and hand over to the petitioner.
For Petitioner : Mr.R.C.Vigneswaran
Issues for consideration
3 issues framed by the court
Whether the petition for habeas corpus regarding a minor who has eloped can succeed.
What directions should the High Court issue for the investigation into the missing minor.
Before whose jurisdiction should the secured detenue be produced.
Parties & counsel
- petitioner
Kalyanasundaram
- respondent
Commissioner of Police, Chennai District
Coram
P.N. PRAKASH
Case details
As recorded by the court registry
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