The High Court dismissed a habeas corpus petition seeking the production of a detainee. The court noted that the alleged detainee had expired and a previous similar petition had already been closed. No effective relief could be granted.
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.
H.C.P.No.291 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.291 of 2024
K.Vasuki
... Petitioner
Vs.
Vellore District, Vellore.
Prayer : Habeas Corpus Petition filed unde r Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus or any other appropriate direction directing the respondents 1 tpo 3 herein to produce the body of the petitioner's niece Miss. S.Lakshmi, D/o. Subramaniam, aged about 74 years, who is under the illegal custody of the 4th repsondent before
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this Hon'ble Court and set her at liberty.
For Petitioner : Mr.M.Prabhakar For R1 to R3 : Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.Aravind, C.
O R D E R
(Order of the Court was made by M.S.RAMESH, J. )
In the present Habeas Corpus Petition, the petitioner herein has
sought for issuance of a Writ of Habeas Corpus for production of her aunt,
aged about 74 years, who, she claims, is under the illegal custody of the 4th
respondent herein.
2. Earlier also the petitioner had filed a similar Habeas Corpus
Petition in H.C.P. No.1957/2023 and, by an order dated 10.10.2023, the Habeas Corpus Petition came to be closed by observing that the detenue had voluntarily stated before the Sub-Inspector of Police, Kaniyambadi Police Station, Vellore District,that she was living with her sister's daughter on her own and therefore, she is not in the illegal custody. In the present Habeas Corpus Petition, similar prayer is sought for.
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3. Learned Additional Public Prosecutor, on instructions, submitted
that the detenue, namely, S. Lakshmi, D/o. Subramaniam, had died in the hospital. Based on the complaint of the 4th respondent, the same has been registered in F.I.R. No.111/24 dated 10.02.2024 under Section 174 Cr.P.C. In the complaint it is stated that the petitioner herein has been spreading false news about the death of the detenue.
4. The Habeas Corpus Petition cannot be maintained on the ground that, earlier the petitioner had sought for a similar relief, which came to be rejected through orders passed on 10.10.2023 in H.C.P. No.1957/2023. Seeking for a similar relief once again is impermissible in law. This apart, when it is found that the alleged detenue has expired, no effective orders can be passed in the present petition. Accordingly, the Habeas Corpus Petition stands dismissed.
[M.S.R., J] [S.M., J] 15.02.2024
bga Internet : Yes Page 3 of 6
H.C.P.No.291 of 2024
Index : Yes / No Neutral Citation : Yes / No
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To
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M.S.RAMESH, J. and SUNDER MOHAN, J.
bga
H.C.P.No.291 of 2023
15.02.2024
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2 issues framed by the court
Whether the writ petition is maintainable when the alleged detainee has expired.
Whether a similar writ petition already disposed of bars the present petition.
2 provisions across 2 enactments
K.Vasuki
State represented by The Superintendent of Police, Vellore District
State represented by The Deputy Superintendent of Police, Vellore District
State represented by The Inspector of Police, C.I, Vellore Taluk Police Station, Kaniyambadi
L. Padma
M.S.RAMESH
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
