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M. SUNDAR, N. ANAND VENKATESH
Geetha – Appellant
Versus
Superintendent of Police Tirupathur – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of writ of habeas corpus directing the 3rd respondent to produce the body of the petitioner''s daughter XXX, aged 17 years, before this Court from the illegal custody of the fourth respondent and hand over to the petitioner.)
M. Sundar, J.,
1. This order will now dispose of captioned ''Habeas Corpus Petition'' (hereinafter ''HCP'' for the sake of convenience and clarity).
2. The crux and gravamen of the captioned HCP is petitioner''s daughter XXX (We are masking the name of the petitioner''s daughter and we shall be referring to her as ''absentee'' for the sake of convenience and clarity and for obvious reasons) is missing from 07.03.2023.
3. Mr.D.Thirumoorthy, learned counsel for petitioner who is before us submits that a complaint was lodged with the jurisdictional police (third respondent) and that led to registration of ''First Information Report'' (FIR) being FIR No.62 dated 14.03.2023 for an alleged offence under Section 363 of ''The Indian Penal Code (45 of 1860)'' [hereinafter ''IPC'' for the sake of convenience and clarity]. Learned counsel also submits that it may well be
A habeas corpus legal drill will not be embarked upon in cases where there is no illegal detention or illegal custody.
Preservation of rights of all concerned parties in a missing person case
The legal principle established is that the court will consider the age and marital status of the individual in habeas corpus cases to determine the presence of illegal detention or unlawful custody.
The main legal point established is that the absence of illegal detention or custody is crucial in determining the applicability of a Habeas Corpus Petition.
The main legal point established is that the court will not issue a writ of habeas corpus if the missing person is found to have voluntarily left and not illegally detained.
The main legal point established in the judgment is the court's authority to dispose of a Habeas Corpus Petition after the subject of the petition is located and brought before the court, and adequat....
A habeas corpus petition can only be entertained if there is a prima facie case of illegal detention or a strong and reliable suspicion of such illegal detention.
The central legal point established in the judgment is the court's authority to ensure the liberty of individuals through habeas corpus petitions and to determine the legality of detentions.
Custody of a minor child by relatives after a parent's death does not constitute illegal detention, and custody disputes should be addressed through appropriate legal proceedings.
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