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Madras High CourtHCP/677/2023withdrawn dismissed

Chandran v. The Superintendent Of Police (South)

2023-04-25Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2023 Coram The Hon'ble Mr. Justice M.SUNDAR and The Hon'ble Mr. Justice M.NIRMAL KUMAR H.C.P. No.677 of 2023 Chandran S/o.Ramanchandran ... Petitioner Vs.

1.The Superintendent of Police (South) Puducherry Police Department Ariyankuppam Puducherry - 605 007

2. The Inspector of Police Ariyankuppam Police Station Puducherry - 605 007

3. Selvam .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the 2nd respondent herein to produce the body of petitioner's son Anil Kumar @ Gnanasekaran aged about 33 years before this Court from the alleged custody of the third respondent and set him at liberty.

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For Petitioner :

Mr.K.Sasindran For Respondents :

Mr.K.S.Mohandass Public Prosecutor (Puducherry) Assisted by Ms.N.Danalalatchoumy

ORDER

[Order of the Court was made by M.NIRMAL KUMAR, J.] Learned counsel for petitioner submits that the prayer in the 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has become infrucutous since the body has now been located and handed over to the petitioner.

2. Learned Public Prosecutor (Puducherry) submits that body was found floating in the river. Learned prosecutor submits that initially the case was registered under Section 174 of 'The Code of Criminal Procedure, 1973 (2 of 1974)' ['Cr.P.C' for the sake of brevity], thereafter altered to 302 read with Sections 201 and 34 of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity] and investigation is in progress.

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3. The learned counsel for petitioner has also made an enforcement in the case file and a scanned reproduction of the same is as follows:

4. Recording the submission of both sides and the endorsement made by the learned counsel for petitioner, this Habeas Corpus Petition is dismissed as withdrawn.

(M.S,J.) (M.N.K.,J.) 25.04.2023 Index : Yes / No Speaking / Non-speaking gpa 3/5

To 1.The Superintendent of Police (South) Puducherry Police Department Ariyankuppam Puducherry - 605 007

2. The Inspector of Police Ariyankuppam Police Station Puducherry - 605 007

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

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M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

gpa H.C.P.No.677 of 2023 25.04.2023 5/5