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Madras High CourtHCP/485/2022closed

S.Mumtaj Begum v. State Rep By

2022-03-28Honourable Mr Justice P. N. Prakash,Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022

CORAM

THE HONOURABLE MR. JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN H.C.P.NO.485 OF 2022 S.Mumtaj Begum .. Petitioner Vs.

1. State represented by The Commissioner of Police, Greater Chennai, Commissioner Office, Veppery, Chennai - 600 007.

2. The Inspector of Police, B-1, North Beach Police Station, Chennai - 600 001.

3. Mohammed Ninasikkandhar .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 2nd respondent to produce the petitioner's children viz., Ahamed Shalab (aged 11 years), Ayeesha Nusla (aged 9 years) and Mohammed Bhakath (aged 5 years), who are illegally detained by the 3rd respondent, before this Court and hand over to the petitioner.

For Petitioner : Mr.S.Nadhiya For RR 1 and 2 : Mr.R.Muniyapparaj, Addl. Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking a direction to the 2nd respondent to produce the petitioner's children viz., Ahamed Shalab (aged 11 years), Ayeesha Nusla (aged 9 years) and Mohammed Bhakath (aged 5 years), who are illegally detained by the 3rd respondent, before this Court and https://hcservices.ecourts.gov.in/hcservices/

hand over to the petitioner.

2.

It is the case of the petitioner that her three children are in the illegal custody of her husband, third respondent herein, who is presently residing in Ramanathapuram District.

3.

Since the three children of the petitioner are allegedly in the custody of the third respondent in Ramanathapuram District, this habeas corpus petition will not maintain before the Madras Bench of High Court. In such view of the matter, this habeas corpus petition stands closed with liberty to the petitioner to work out her remedy in the manner known to law.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nsd To

1. The Commissioner of Police, Greater Chennai, Commissioner Office, Veppery, Chennai - 600 007.

2. The Inspector of Police, B-1, North Beach Police Station, Chennai - 600 001.

3. The Public Prosecutor, High Court, Madras.

H.C.P.No.485 of 2022 PL(CO) PM/06/04/2022 https://hcservices.ecourts.gov.in/hcservices/