Dismissed

P.Vishnu v. The State of Tamilnadu

Madras HC12 Dec 2024HCP(MD)/1525/2024

Case brief

AI extract

What is this about?

A writ petition under Article 226 for Habeas Corpus seeking the liberty of a detenue was dismissed after the high court dismissed it holding the petition was recklessly drafted with inconsistent descriptions of the detenue's relationship to the petitioner. It is open to the petitioner to file a fresh petition on the same cause of action.

What did the court decide?

No relief granted. Petition dismissed. Petitioner permitted to file a fresh petition on the same cause of action.

P.Vishnu Vs The State of Tamilnadu — Constitutional and Fundamental Rights | Madras HC (2024)

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H.C.P.(MD)No.1525 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA

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H.C.P.(MD)No.1525 of 2024

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P.Vishnu

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... Petitioner / Husband of Detenue

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Vs.

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1.The Superintendent of Police, Office of the Superintendent of Police, Theni.

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2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Theni.

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3.The Inspector of Police, P.C.Patti Police Station, P.C.Patti, Theni.

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4.Palaniraj

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5.Latchmi

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6.Divakar ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the respondents 1 to 3 herein to produce the body or person of a detenue

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1/4

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1525 of 2024

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namely Charumathi W/o.Vishnu aged about 25 years herein before this Court and set her at liberty.

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For Petitioner : Mr.S.Ramsundaravijayraj

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For Respondents : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor for R1 to R3.

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O R D E R

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(Order of the court was delivered by G.R.Swaminathan, J.)

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Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 to 3.

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2.The petitioner in the affidavit filed in support of the habeas

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corpus petition had described the detenue in three capacities. In one

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paragraph, he describes as his girl friend. In another paragraph, she has been described as his wife. In one another paragraph, she has been described as daughter.

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3.The affidavit has been recklessly drafted, typed and filed. We

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expect the learned counsel to bestow a little more care and attention before finalizing the pleadings.

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2/4

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https://www.mhc.tn.gov.in/judis

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H.C.P.(MD)No.1525 of 2024

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4.It is open to the petitioner to file a fresh habeas corpus petition

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on the same cause of action.

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5.This habeas corpus petition is dismissed.

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(G.R.S. J.,) & (R.P. J.,) 12.12.2024

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NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

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To:-

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1.The Superintendent of Police, Office of the Superintendent of Police, Theni.

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2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Theni.

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3.The Inspector of Police, P.C.Patti Police Station, P.C.Patti, Theni.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis

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3/4

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H.C.P.(MD)No.1525 of 2024

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G.R.SWAMINATHAN, J. and R.POORNIMA, J.

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ias

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H.C.P.(MD)No.1525 of 2024

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12.12.2024

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https://www.mhc.tn.gov.in/judis

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P.Vishnu v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

P.Vishnu v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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