Sagar Banu, F/A 34 Years, v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P.No.110 of 2018 Sagar Banu ... Petitioner -Vs1. The Director-General of Police, Law & Order, Tamil Police Headquarters, Mylapore, Chennai-600 004.

2. The Inspector General of Police, Tamil Police Headquarters, Mylapore, Chennai-600 004.

3. The Inspector of Police, All Women Police Station, D4 Police Station, Zam Bazaar, Chennai-600 014.

4. A.Jahir Hussain ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, directing the 1 to 3 respondents to produce the body of the detenu Ahmed, aged about 4 1/2 years present where abouts not known, before this court and hand over custody to the petitioner.

For Petitioner :

Mr.Shaik Mehrunisa For Respondents:

Mr.V.M.R.Rajentran, APP For RR1 to 3 M/s.Vennila Rajakumar For R4

ORDER

[Order of the Court was made by C.T.SELVAM, J.] Petitioner is the mother of the child and the petition has been moved towards obtaining custody of the child.

2. We have heard learned counsel for petitioner, learned Additional Public Prosecutor appearing for respondents 1 to 3 as also learned counsel for fourth respondent.

3. Joint Memo of Compromise has been filed by the parties. This Court specifically takes note of Clause 1 thereof and does not acknowledge in any manner what is stated in Clauses 2 to 5.

4. Petitioner has informed of taking up residence at Thanjavur. Fourth respondent is directed to place child in her custody by dropping him off there on every Friday evening 6 p.m to Sunday morning 11 a.m; in case Saturday is a working day for the school, then the custody shall be from Saturday evening 6 p.m to Monday morning 6.a.m. This arrangement shall continue for two months.

5. In the circumstance, this Habeas Corpus Petition is closed. It will be open to parties to work out their remedy before appropriate forum.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar kmi To

1. The Director-General of Police, Law & Order, Tamil Police Headquarters, Mylapore, Chennai-600 004.

2. The Inspector General of Police, Tamil Police Headquarters, Mylapore, Chennai-600 004.

3. The Inspector of Police, All Women Police Station, D4 Police Station, Zam Bazaar, Chennai-600 014.

4.The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.Vennila Rajakumar Advocate,SR.12383 H.C.P.No.110 of 2018 nr 23/02/2018