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Madras High CourtHCP/1269/2023withdrawn dismissed

Latha v. Commissioner Of Police

2023-07-17Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.1269 of 2023 Latha W/o.Michalraj .. Petitioner Vs.

1.

The Commissioner of Police Commissioner Office Campus Coimbatore.

2.

The Inspector of Police E2 Peelamedu Police Station Peelamedu, Coimbatore.

..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the 2nd respondent to produce the petitioner's daughter Miss.Jenicia aged about 20 years before this Hon'ble Court and set her at liberty.

For Petitioner :

Mr.S.Jayaseelan For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor Page Nos.1/8

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.Jayaseelan, learned counsel on record for petitioner sought leave of this Court to withdraw the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity] but made a plea to preserve all the rights and contentions of the petitioner and / or anyone concerned for the petitioner's daughter (absentee) as this Court is informed by learned Prosecutor that it is not a case of illegal detention and absentee who has left home on her own volition has moved Madurai Bench of Madras High Court vide Crl.O.P.(MD) No.11913 of 2023.

2. This Bench is informed that this Crl.O.P.(MD) No.11913 of 2023 has been disposed of by a Hon'ble single Judge in and by an order dated 30.06.2023 inter alia directing the Inspector of Police, Kuruvikulam Police Station, Kuruvikulam, Tenkasi District to issue summons to the petitioner and counter party (as regards this HCP absentee and HCP petitioner). A scanned reproduction of the order dated 30.06.2023 made in Crl.O.P.(MD) No.11913 of 2023 (as placed before us) is as follows: Page Nos.2/8

Page Nos.3/8

Page Nos.4/8

3. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.5/8

4. Captioned HCP is disposed of as closed / withdrawn albeit preserving all the rights and contentions of the petitioner and or anyone concerned for the absentee as well as any other person concerned with the matter for being canvassed in any proceedings pursuant to the aforementioned order dated 30.06.2023 made in Crl.O.P.(MD) No.11913 of 2023 including rights to seek review of the order, if so advised and if so desired.

Captioned HCP disposed of as closed /withdrawn preserving rights of all concerned in the aforesaid manner.

(M.S.,J.) (R.S.V.,J.) 17.07.2023 Index : Yes / No Speaking / Non-speaking order Page Nos.6/8

mk To 1.

The Commissioner of Police Commissioner Office Campus Coimbatore.

2.

The Inspector of Police E2 Peelamedu Police Station Peelamedu, Coimbatore.

3.

The Public Prosecutor High Court, Madras.

Page Nos.7/8

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.1269 of 2023 17.07.2023 Page Nos.8/8