Asha @ Sakthi Senthilkumar v. Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Asha @ Sakthi Senthilkumar W/o.Senthilkumar ..
Petitioner Vs.
1.
The Commissioner of Police Greater Chennai City.
2.
The Deputy Commissioner of Police Mylapore Chennai-600 004.
3.
The Inspector of Police Pattinampakkam Police Station Chennai-600 004.
4.
M.D.Senthilkumar S/o.Late Duraisamy ..
Respondents Page Nos.1/9
Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the 3rd respondent to produce the petitioner's son by name Bhadra aged about 4 years before this Hon'ble Court from the custody of the 4th respondent and handover to the petitioner.
For Petitioner :
Ms.J.Prithivi For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.N.Narkeeran, Advocate for R1 to R3 Mr.Sharukumar S.I.
representing Mr.T.T.Ravichandran for R4
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of the captioned matter.
2. This order has to be read in conjunction with and in continuation of earlier proceedings / order made in the previous listing on 12.04.2023 and a scanned reproduction of the same is as follows: Page Nos.2/9
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3. Aforementioned 12.04.2023 proceedings shall now be read as an integral part and parcel of this order. Therefore, short forms and abbreviations used in the previous proceedings will continue to be used in the instant order also.
4. Today, Ms.J.Prithivi, learned counsel on record for petitioner, petitioner, Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.N.Narkeeran, learned counsel for respondents 1 to 3 (official respondents) and Mr.Sharukumar.S.I, learned counsel representing Mr.T.T.Ravichandran, counsel on record for fourth respondent, fourth respondent together with the absentee are all before us.
5. Learned counsel for fourth respondent submits that fourth respondent has moved the 'GAWA' ['Guardians and Wards Act, 1890'] Court vide O.P.No.210 of 2023 being a petition under Sections 3, 7, 8, 9, 10 and 25 of the Guardian and Wards Act, 1890 read with Order XXI, Rules 2 and 3 of the Original Side Rules inter alia with a prayer for custody of the absentee and yesterday (17.04.2023), an interim order has been made by Page Nos.5/9
Hon'ble GAWA Court in O.A.No.330 of 2023 in O.P.No.210 of 2023. To be noted, 'GAWA Court' is a reference to the Court of a Hon'ble single Judge on the Original Side of this Court with portfolio/determination/allocation of work to deal with cases under GAWA. This interim order made by a Hon'ble single Judge of this Court has been placed before us and we find that the application has been taken out by the fourth respondent before us with a prayer for interim injunction restraining the petitioner before us from removing the absentee from F2, Vasanth Apartments, Block A, No.23, Jayaram Street, Thiruvanmiyur, Chennai-600 041. In this regard, we deem it appropriate to record that learned Additional Public Prosecutor, on instructions has brought to our notice that the fourth respondent is not residing in this address. Learned counsel for fourth respondent, on instructions from fourth respondent has submitted that he is at present staying with his sister Ms.Sujatha, wife of Mr.Sasikumar at No.177, Ellaiamman Koil Street, Mylapore, Chennai-600 004.
6. As regards the date of presentation / date of institution of O.P.No.210 of 2023, learned counsel for fourth respondent submits that he Page Nos.6/9
is not able to readily give the dates. Be that as it may, we find that the captioned HCP has been filed in this Court on 05.04.2023 and proceedings in the previous listing have been made on 12.04.2023 but from a reading of interim order dated 17.04.2023 made by Hon'ble single Judge, it appears that pendency of the captioned HCP in this Court has not been brought to the notice of Hon'ble single Judge. However, we leave this question open for the petitioner to canvass the same before GAWA Court and for Hon'ble single Judge to take a call on the same.
7. Learned counsel for petitioner submits on instructions that she would be moving Hon'ble GAWA Court inter alia for vacating aforementioned interim order. To be noted, all the rights and contentions of the petitioner including the contentions raised in the case on hand are preserved for this purpose and all other proceedings before GAWA Court and/or other collateral proceedings before other Fora/authorities. Though obvious, likewise, all the rights of the fourth respondent are also preserved in this regard.
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8. We drop the curtains on the captioned HCP by disposing of the same as closed albeit recording certain facts that unfurled before us in the hearing and preserving all rights of the parties in the manner set out supra. There shall be no order as to costs.
(M.S.,J.) (M.N.K.,J.) 18.04.2023 Index : Yes / No Speaking mk To 1.
The Commissioner of Police Greater Chennai City.
2.
The Deputy Commissioner of Police Mylapore Chennai-600 004.
3.
The Inspector of Police Pattinampakkam Police Station Chennai-600 004.
4.
The Public Prosecutor High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 18.04.2023 Page Nos.9/9