K.Usha Nandhini v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL K.Usha Nandhini W/o.R.Karthikeyan .. Petitioner Vs.

1.The Commissioner of Police, Office at Commissioner of Police, Egmore, Chennai - 600 008.

2.The Inspector of Police, Neelankarai Police Station, Chennai - 600 115.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the petitioner's husband Mr.R.Karthikeyan, aged about 37 years, before this Court and set him at liberty.

For Petitioner : Mr.S.Elango For Respondent-1 : Mr.E.Raj Thilak Additional Public Prosecutor Page Nos.1/4

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] When the matter was taken up, as it is not a case of illegal detention or unlawful custody, Mr.Elango of M/s.Elangovan Law Associates (Law Firm) sought leave of this Court to withdraw the captioned HCP but made a request to preserve all the rights and contentions of petitioner or anyone concerned for the absentee to approach the appropriate Court/s/Forum/Fora/Authority/Authorities with a suitable petition. If Court/s/Forum/Fora/Authority/Authorities are so approached, the Court/s/Forum/Fora/Authority/Authorities shall proceed with the matter on its own merits and in accordance with law untrammelled by closure of captioned HCP / this order. However, learned Additional Public Prosecutor for the respondents submits that the investigation is progressing. Let the investigation proceed in accordance with law and be carried to its logical end.

2. Learned counsel on record for petitioner has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.2/4

3. In the light of the narrative thus far, captioned HCP is disposed of as closed / withdrawn albeit preserving all the rights and contentions of all parties concerned in the aforesaid manner and with the aforementioned observations regarding investigation proceeding in accordance with law. (M.S.,J.) (R.S.V.,J.) 21.08.2023 Index : Yes / No Speaking order / Non speaking order rsi Page Nos.3/4

M.SUNDAR, J.

and R.SAKTHIVEL , J.

rsi To 1.The Commissioner of Police, Office at Commissioner of Police, Egmore, Chennai - 600 008.

2.The Inspector of Police, Neelankarai Police Station, Chennai - 600 115.

3.The Public Prosecutor Madras High Court, Chennai.

21.08.2023 Page Nos.4/4