Revathy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.227 of 2023 Revathy W/o.Michealraj ..

Petitioner Vs.

1.

The Superintendent of Police Salem District Police Office Nethimedu Salem Salem District 2.

The Deputy Superintendent of Police Mettur Salem District 3.

The Inspector of Police Kolathur Police Station Salem District 4.

Thiru.Michealraj S/o.Palraj 5.

Thiru.Palraj .. Respondents Page Nos.1/4

Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct fourth respondent to produce the body or person of petitioner's minor son Deeapakraj and minor daughter Chamundeswari, who are aged about 9 and 8 years respectively before this Corut and hand over them to the petitioner.

For Petitioner :

Mr.M.Madhankumar For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, considering the submission of learned Additional Public Prosecutor that the minor children are with the father (fourth respondent)/petitioner's spouse, learned counsel sought leave of this Court to withdraw the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity and convenience] but made a request to preserve all the rights and contentions of the petitioner to move single Bench, Division Bench of this Court or any other appropriate Court or fora on the same cause action. Request acceded to.

Page Nos.2/4

2. Learned counsel has made an endorsement in the case file, a scanned reproduction of which is as follows:

3. Learned counsel reiterates the endorsement in the hearing.

4. In the light of the narrative thus far, captioned HCP is disposed of as closed/withdrawn albeit preserving all the rights and contentions of the petitioner in the aforesaid manner. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter. (M.S.,J.) (M.N.K.,J.) Index: Yes/No 13.02.2023 gpa Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa To 1.

The Superintendent of Police Salem District Police Office Nethimedu Salem Salem District 2.

The Deputy Superintendent of Police Mettur Salem District 3.

The Inspector of Police Kolathur Police Station Salem District 4.

The Public Prosecutor Madras High Court H.C.P.No.227 of 2023 13.02.2023 Page Nos.4/4