P.B. Mukharji, J. - (1.) This is a petition by Ranjit Kumar Ghosh under Article 227 of the Constitution and Section 491 of the Code of Criminal Procedure. The petition is directed for the release of a person called Sanat Chandra Bose, son of a well-known Solicitor of the City, Akshoy Chandra Bose, deceased. The main ground of the petition is that the said Sanat Chandra Bose was being unlawfully and illegally detained at a place called Lumbini Park said to be a Mental Hospital and Clinic run by the Indian Psycho-analytical Society, a Society registered under the Societies Registration Act. The main contention of the petitioner is that the said Sanat Chandra Bose is not a lunatic at all.
(2.) There are four respondents to this petition. The first two are respectively the Secretary of the Indian Psycho-analytical Society and the Superintendent of the Lumbini Park (respondents NOS. 1 and 2): the third respondent is Rabindra Nath Mitra alleged to be the guardian of the person of said Sanant Chandra Bose and the fourth respondent is Subodh Chandra Bose, elder brother of the said Sanat Chandra Bose.
(3.) The petition bears the title of "Criminal Miscellaneous Jurisdiction" and not only makes specific reference to Article 227 of the Constitution of India and Section 491 of the Code of Criminal Procedure but also contains the general title "In the matter of an application for an order and/or directions in the nature of Habeas Corpus.";