The petitioner filed a writ of Habeas Corpus alleging illegal custody of his son. The Court found the grievance was actually about police inaction rather than illegal detention, holding the petition misconceived and not maintainable.
Habeas Corpus dismissed with a cost of Rs.10,000/- payable to the Tamil Nadu State Legal Services Authority.
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.399 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.399 of 2024
Dhamodharan
... Petitioner
Vs.
1.The Superintendent of Police, Cuddalore District, Cuddalore.
2.The Inspector of Police, Mangalampet Police Station, Cuddalore District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents to produce the petitioner's son by name Dhanaraj, aged about 40 years, before this Court and to set him at liberty.
For Petitioner : Mr.M.Subash (No appearance) For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor assisted by Mr.C. Aravind
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H.C.P.No.399 of 2024
ORDER
(Order of the Court was made by M.S.RAMESH, J. )
In the present Habeas Corpus Petition, the grievance of the petitioner seems to be that, when his son had gone missing from 20.10.2023 and his complaint in this regard in Crime No.254/2023 under the caption 'man missing' was not expeditiously concluded, he has filed the present petition seeking for production of his son before this Court.
2. In the affidavit filed in support of this petition, there is no mention as to whether the petitioner's son is in illegal custody of the third person. On the other hand, the complaint seems to be one of inaction of the Police to complete the investigation in Crime No.254/2023. Therefore, we are of the view that the Habeas Corpus Petition is misconceived and the same is not maintainable.
3. In the light of the above observations, we are of the view that exemplary cost requires to be imposed in the instant case. Accordingly, the
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H.C.P.No.399 of 2024
Habeas Corpus Petition stands dismissed with a cost of Rs.10,000/- payable
to the Tamil Nadu State Legal Services Authority.
[M.S.R., J] [S.M., J]
27.02.2024
Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No
Sni
To
1.The Superintendent of Police, Cuddalore District, Cuddalore.
2.The Inspector of Police, Mangalampet Police Station, Cuddalore District.
3.The Public Prosecutor, High Court, Madras.
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H.C.P.No.399 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
Sni
H.C.P.No.399 of 2024
27.02.2024
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1 issue framed by the court
Whether a petition filed seeking production of a missing person based on inaction of police investigation is maintainable under a writ of Habeas Corpus.
1 provisions across 1 enactments
Dhamodharan
Superintendent of Police, Cuddalore District
Inspector of Police, Mangalampet Police Station
M.S. RAMESH
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
