← Library
Madras High CourtHCP/75/2023withdrawn dismissed

Aishwarya v. Assistant Commissioner Of Police

2023-01-25Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Dr.Aishwarya Wife of Sri Chetan Chennakeshava No.117, J.V.L.Tower Nelson Manickam Road Aminjikarai, Chennai-600 029.

..

Petitioner Vs.

1.

The Assistant Commissioner of Police K4 Police Station 6th Avenue, Anna Nagar East Chennai-600 040.

2.

Inspector of Police K3 Police Station All Women Police Station Anna Nagar, Chennai-600 040.

3.

Mr.Chethan Chennakeshava Door No.889, I Block 1st Cross Street Ramakrishna Nagar, Mysore - 570 022.

Page Nos.1/6

4.

Mr.C.G.Chennakeshava Door No.889, I Block 1st Cross Street, Ramakrishna Nagar, Mysore - 570 022.

5.

Mrs.Vasanthi Keshava Door No.889, I Block 1st Cross Street Ramakrishna Nagar Mysore - 570 022.

..

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the 1st respondent to produce the person in alive or in nature of the detenue namely, Anaira aged 4 years and hand over her in petitioner's custody.

For Petitioner :

Mr.T.Sri Krishna Bhagavat For R1&R2 :

Mr.R.Muniyapparaj Additional Public Prosecutor For R3 to R5 :

Mr.V.Santharam

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 19.01.2023 which reads as follows:

'Mr.P.Subba Reddy, learned counsel for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor [State Page Nos.2/6

of Tamil Nadu] appearing on behalf of respondents 1 and 2 are before us.

2. Mr.V.Santharam, learned counsel submits that he would be entering appearance on behalf of the respondents 3 to 5 but he got instructions only today to represent the respondents 3 to 5 [private respondents].

3. Learned counsel for petitioner and the learned counsel for the private respondents [respondents 3 to 5] submit in one voice that the parties are meeting tomorrow with the minor child Anaira aged four years and the parties are exploring the possibility of giving quietus to the matter.

4. Both sides request for a short accommodation. Request acceded to. List the matter on 24.01.2023.'

2. Today, Mr.T.Sri Krishna Bhagavat, learned counsel on record for petitioner, Mr.R.Muniyapparaj, learned Additional Public Prosecutor for respondents 1, 2 (official respondents) and Mr.V.Santharam, learned counsel on record for respondents 3 to 5 (private respondents) are before us.

3. Learned counsel on record for petitioner and learned counsel on record for respondents 3 to 5, adverting to earlier proceedings submit that the matter has been given quietus, saying so learned counsel on record for Page Nos.3/6

petitioner has made an endorsement in the case file and a scanned reproduction of the same is as follows:

4. Learned counsel reiterates the aforementioned endorsement in the hearing.

5. In the light of the narrative thus far, captioned Habeas Corpus Petition is disposed of as closed / withdrawn. There shall be no order as to costs.

(M.S.,J.) (M.N.K.,J.) 25.01.2023 Index : Yes / No Speaking / Non-speaking mk Page Nos.4/6

To 1.

The Assistant Commissioner of Police K4 Police Station 6th Avenue, Anna Nagar East Chennai-600 040.

2.

Inspector of Police K3 Police Station All Women Police Station Anna Nagar, Chennai-600 040.

3.

The Public Prosecutor High Court, Madras.

Page Nos.5/6

M.SUNDAR, J., and M.NIRMAL KUMAR, J., 25.01.2023 Page Nos.6/6