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Madras High CourtHCP/591/2022closed

A.Shameembanu v. State Rep By

2022-06-13Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2022 Coram The Honourable Mr. Justice S.VAIDYANATHAN and The Honourable Mr. Justice A.D.JAGADISH CHANDIRA H.C.P.No.591 of 2022 A.Shameembanu .. Petitioner Vs.

1. The State of Tamil Nadu, Rep. by The Superintendent of Police, Perambalur, Perambalur District.

2. The Inspector of Police, Mangalmedu Police Station, Perambalur.

3. Muhammed Mubaraq .. 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 minor Childrens Namely

(1) Mohammed Harish age 5 and (2) Mohammed Asif age 2 and make them physical presence before this Court from the illegal and unlawful custody of the 3rd Respondent and hand over them to the Petitioner.

For Petitioner : Ms.T.Dharani For R1 & R2 : Mr.E.Raj Thilak Additional Public Prosecutor For R 3 : Mr.Sathish Kumar R.Rajadurai

ORDER

This habeas corpus petition has been filed seeking to direct the 2nd respondent to produce the Petitioner's minor Children Namely (1) Mohammed Harish age 5 and (2) Mohammed Asif age 2 and make them physically present before this Court from the illegal https://hcservices.ecourts.gov.in/hcservices/

and unlawful custody of the 3rd Respondent and hand over them to the Petitioner.

2.

It is the case of the petitioner that her children viz., (1) Mohammed Harish age 5 and (2) Mohammed Asif age 2, were abducted by her husband the 3rd Respondent herein on 19.03.2022 and that their whereabouts are not known. It is the grievance of the petitioner that despite a complaint given to the police, no steps have been taken by the police to secure her children. Hence, the petitioner has filed the present habeas corpus petition with the above prayer.

3.

Today, when the matter is taken up for hearing, it is represented by the learned Additional Public Prosecutor that the 3rd Respondent was arrested and the children of the Petitioner were secured and handed over to the mother, the Petitioner herein.

4. In view of the above,this Habeas Corpus Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar arr To

1. The State of Tamil Nadu, Rep. by The Superintendent of Police, Perambalur, Perambalur District.

2. The Inspector of Police, Mangalmedu Police Station, Perambalur.

3. The Public Prosecutor, Madras High Court, Chennai - 600 104.

H.C.P.No.591 of 2022 SKM(CO) CT/07/07/2022 https://hcservices.ecourts.gov.in/hcservices/