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Madras High CourtHCP/1298/2021dismissed with cost

Sivagami v. The Superintendent Of Police

2021-08-26Honourable Mr Justice P. N. Prakash,Honourable Ms Justice R.N.Manjula3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2021 Coram The Honourable Mr. Justice P.N.PRAKASH and The Honourable Ms. Justice R.N.MANJULA H.C.P.No.1298 of 2021 Sivagami .. Petitioner Vs.

1. The Superintendent of Police, Chengalpattu District.

2. The Deputy Superintendent of Police, Chengalpattu Range, Chengalpattu District.

3. The Inspector of Police, H-3, Maraimalai Nagar Police Station, Chengalpattu District.

.. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus directing the 3rd respondent to produce the body and person of the petitioner's son viz., Venkatesh, son of Late Sanjeevi, aged about 26 years, before this Court and set him at liberty.

For Petitioner : Mr.B.M.Santharam For Respondents : Mr.R.Muniyapparaj Govt.Advocate (Crl.Side)

ORDER

[Made by P.N.PRAKASH, J.] This habeas corpus petition has been filed seeking to direct the 3rd respondent to produce the body and person of the petitioner's son viz., Venkatesh, son of Late Sanjeevi, aged about 26 years, before this Court and set him at liberty. 2.

It is the case of the petitioner that her son Venkatesh, aged about 26 years, was illegally taken by the police on 16.08.2021 and that his whereabouts are not known.

3.

On this allegation, the petitioner has filed the present habeas corpus petition.

4.

Today, when the matter was taken up for admission, the learned counsel for the petitioner sought permission of this Court to withdraw this petition.

5.

Today, R.Selvam, Sub-Inspector of Police, H-3, Maraimalai Nagar Police Station, Chengalpattu District, is present. He produced the alleged detenu Venkatesh, aged about 26 years, before this Court.

6.

When we enquired Venkatesh, he stated that he had gone to his mother-in-law's house in Cheyyur and that he was not under the detention of anyone. He further stated that after marriage, he had moved away from his parental home and he is living in the house of his mother-in-law in Cheyyur. 7.

Thus, it is apparent that the petitioner had given misleading information and has filed the present habeas corpus petition.

Hence, this habeas corpus petition stands dismissed with cost of Rs.5,000/- payable by the petitioner to the credit of the Chief Minister's Public Relief Fund.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nsd To

1. The Superintendent of Police, Chengalpattu District.

2. The Deputy Superintendent of Police, Chengalpattu Range, Chengalpattu District.

3. The Inspector of Police, H-3, Maraimalai Nagar Police Station, Chengalpattu District.

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

Copy to:

The Secretary to Government, The Chief Minister, Public Relief Fund, Secretariat, Chennai - 600 009.

H.C.P.No.1298 of 2021 PL (CO) K.RK. (20.09.2021)