G. Sanjeevi Kumar v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 2018 of 2020 G.Sanjeevi Kumar .. Petitioner .Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Thiruvannamalai District.

2. The Inspector of Police, All Women Police Station,Polur, Thiruvannamalai District.

3. Naveen Kumar .. Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus directing the 1st respondent to produce the body of Oviya, aged about 5 years, daughter of the petitioner, now the hands of 3rd respondent, before this Court and direct to be handed over to the custody petitioner.

For Petitioner : Mr.P.Saravanan For Respondents : Mr.R.Prathap Kumar, Addl. Public Prosecutor for R1 and R2

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the father of the detenue. Seeking the production of the minor detenus, the present habeas corpus petition has been filed.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 and 2.

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3. Learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that the wife of the petitioner and the child were produced before the Court and enquiry was conducted on 15.09.2020. Pursuant to the said enquiry, the wife of the petitioner stated that she is going to live with her mother. A copy of the letter written by the petitioner was also placed before this Court wherein the petitioner had stated that his wife and the minor child are staying with her mother and he would resolve the dispute between them through Court. Thus, the petitioner has stated that no further action is required.

4. Similarly, the wife of the petitioner has also given a statement stating that she is not willing to live with the petitioner and she and her minor child are going to live with her mother.

5. In such view of the matter, we do not find any illegal detention involved in this case and the habeas corpus petition stands closed.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Thiruvannamalai District.

2. The Inspector of Police, All Women Police Station,Polur, Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Saravanan, Advocate, S.R.No.36687 H.C.P. No. 2018 of 2020 um (co) rr ii (21/12/2020) https://hcservices.ecourts.gov.in/hcservices/