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Madras High CourtHCP/1203/2023withdrawn dismissed

Gandhimathi v. The Superintendent Of Police Salem,

2023-07-11Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.1203 of 2023 Gandhimathi W/o.Shanmugam .. Petitioner Vs.

1.

The Superintendent of Police Salem, Salem District.

2.

The Inspector of Police Sankari Police Station Salem District.

3.

Duraiswamy S/o.Palani 4.

Kokila D/o.Selvam 5.

Kuppaiyee W/o.Selvam ..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents 1 and 2 to Page Nos.1/4

produce the petitioner's husband viz., Shanmugam, son of Pattappan, who is aged about 32 years before this Hon'ble Court and set him at liberty from the hands / illegal custody of respondents 3 to 5. For Petitioner :

Mr.M.Elango For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.M.Elango, learned counsel on record for petitioner sought leave of this Court to withdraw the captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity, convenience and clarity] but made a plea to preserve rights of the petitioner to come up with similar / same petition after adding all necessary parties more particularly wife of third respondent as certain allegations have been made in the affidavit.

2. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.2/4

3. Aforementioned endorsement is reiterated in the hearing.

4. In the light of the narrative thus far, captioned HCP is disposed of as withdrawn / closed albeit preserving rights of the petitioner in the aforesaid manner.

(M.S.,J.) (R.S.V.,J.) 11.07.2023 Index : Yes / No Speaking / Non-speaking order mk To 1.

The Superintendent of Police Salem, Salem District.

2.

The Inspector of Police Sankari Police Station Salem District.

3.

The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.1203 of 2023 11.07.2023 Page Nos.4/4