S.Nithiya @ Thasleema v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN H.C.P.NO.528 OF 2019 S.Nithiya @ Thasleema ... Petitioner -vs1. The State Represented by The Sub-Inspector of Police, AWPS, St.Thomas Mount, St.Thomas Mount, Chennai.

2. Mujibur Rahman

3. Makkah Masjid Shariath Council, Rep.by its General Secretary, S.Shamsudeen Qasimi, No.822, Anna Salai, Chennai - 2.

(R3 impleaded as per order dated 29.03.2019 made in Crl MP 4567/19 in HCP 528/2019) ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondents to produce the body of the petitioner's minor son M.Abdul Anus, aged 7 years, who is in the custody of the second respondent and handover to the petitioner.

For Petitioner : Ms.Suseela Devi For Respondents : Mr.R.Prathap Kumar Addl. Public Prosecutor for R1

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the respondents to produce the body of the minor M.Abdul Anus, aged 7 years, who is in the custody

of the second respondent and to handover to the petitioner, the present habeas corpus petition has been filed. 2.Though we do not find any illegal detention involved, considering the nature of dispute, we referred the matter to mediation. The mediation report also suggests that no agreement was reached.

3.In such view of the matter, the habeas corpus petition stands closed.

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar mmi/ssm To

1. The Sub-Inspector of Police, AWPS, St.Thomas Mount, St.Thomas Mount, Chennai.

2. The Public Prosecutor, High Court, Madras.

H.C.P.No.528 of 2019 KK(CO) CS/13/12/2019