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Madras High CourtWP/1132/2024closed

Brisca v. The Commissioner Of Police

2024-01-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 19.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Brisca, W/o.John Vijayan ... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner, Tambaram, Chennai - 600 119.

2.The Inspector of Police, J-9, Thuraipakkam Police Station, Chennai - 600 016.

3.C.Prabhu ... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus to direct the 1st respondent to take action on the 3rd respondent based on the petitioner's representation dated 07.03.2023.

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For Petitioner : Mr.S.Kingston Jerold For Respondents : Mr.A.Damodaran for R1 and R2 Additional Public Prosecutor

ORDER

The same petitioner had filed HCP No.801 of 2023 before the Hon'ble Division Bench making the very same allegations and had filed a writ petition of Habeas corpus on the ground that her son was illegally detained by the 3rd respondent. After having filed this HCP, it is not known as to why this writ petition has been filed for taking action against the 3rd respondent. This issue ought to have been agitated in the very same HCP. If ultimately, the Court finds that the 3rd respondent had illegally detained the son of the petitioner, the Court can issue a direction in the HCP itself. There is no need to file an independent writ petition for that purpose. 2.

When the matter was taken up or hearing today, the learned Additional Public Prosecutor on instructions submitted that the HCP.No.801 of 2023 has been dismissed as withdrawn today. 2/4

3.

In view of the same, the petitioner cannot be permitted to independently agitate the same issue in this writ petition. Hence, this writ petition is closed. No costs.

19.01.2024 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To 1.The Commissioner of Police, Office of the Commissioner, Tambaram, Chennai - 600 119.

2.The Inspector of Police, J-9, Thuraipakkam Police Station, Chennai - 600 016.

3.The Public Prosecutor, Madras High Court, Chennai.

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N.ANAND VENKATESH,J.

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