C.Sureshkumar, v. Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2017

CORAM

THE HONOURABLE Mr.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE Mr. JUSTICE M.V.MURALIDARAN H.C.P.No.392 of 2017 C.Sureshkumar ... Petitioner Vs.

1. The Superintendent of Police, Dharmapuri.

2. The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri.

3.Vidhya 4.Nelson 5.Sathishkumar 6.Rajasekar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus, to direct the 1st and 2nd respondents to secure and produce the detenues minor Yathra, Hindu aged 7 years, minor Yathavan, Hindu aged about 5 years both daughter and son of C.Sureshkumar who are in the illegal custody of the respondents 4 to 6, before this Honourable court and consequently set them at liberty. For Petitioner : Mr.J.Bharathi Raja For Respondents: Mr.V.M.R.Rajendran, Additional Public Prosecutor for R1 and R2

O R D E R

K.K.SASIDHARAN,J.

When it was pointed out as to how the Habeas Corpus Petition is maintainable in a family matter, in which, the matrimonial proceedings are pending between the parties and the minors are in the custody of the third respondent, who is stated to be the https://hcservices.ecourts.gov.in/hcservices/

wife of the petitioner, the learned counsel submitted that he is withdrawing the Habeas Corpus petition with liberty to move the Family Court with appropriate relief. He has also made an endorsement to that effect.

2. In view of the endorsement so made, the Habeas Corpus Petition is dismissed as withdrawn with such liberty. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar svki To 1.The Superintendent of Police, Dharmapuri.

2. The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri.

+T. Bharathiraja1cc to Mr.*, Advocate, S.R.No.15456 msm(CO) md(22/03/2017) H.C.P.No.392 of 2017 https://hcservices.ecourts.gov.in/hcservices/