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Madras High CourtHCP/72/2022closed

Dr.Swarna v. State Represented By

2022-01-24Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MRS.JUSTICE R.HEMALATHA H.C.P.NO. 72 OF 2022 Dr.Swarna

...Petitioner

Vs.

1. State represented by :

The Deputy Superintendent of Police, Pollachi, Coimbatore District.

2. State represented by :

The Inspector of Police, All Women Police Station, Pollachi, Coimbatore District.

3. P.Rajasekaran

...Respondents

Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS directing the 1st respondent and 2nd respondent to produce the petitioner's minor son Naresh, S/o.Rajasekaran, aged 10 years and the petitioner's minor daughter Taniksha, D/o.Rajasekara, aged 6 years before this Hon'ble Court and handover their custody to the petitioner.

For petitioner : Mr.S.N.Arunkumar For R1 & R2 : Mr.R.Muniyapparaj, Additional Public Prosecutor

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] This Habeas Corpus Petition has been filed to direct the 1st respondent and 2nd respondent to produce the petitioner's minor son Naresh, S/o.Rajasekaran, aged 10 years and the petitioner's minor daughter Taniksha, D/o.Rajasekara, aged 6 years before this Hon'ble Court and handover their custody to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2.

3. Even according to the petitioner, her children are in the illegal custody of the 3rd respondent, who is her husband and lives in Periyakulam, Theni District, which falls within the jurisdiction of the Madurai Bench of Madras High court. 4.Hence, this Habeas Corpus Petition is closed with liberty to the petitioner to move the appropriate forum, if so advised. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mtl/nsd To

1. The Deputy Superintendent of Police, Pollachi, Coimbatore District.

2. The Inspector of Police, All Women Police Station, Pollachi, Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.N.Balakrishnan, Advocate, S.R.No.4444 H.C.P.No.72 of 2022 PL(CO) PM/11/02/2022 https://hcservices.ecourts.gov.in/hcservices/