J.Nirmal Kumar v. The Superintendent Of Police
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.1262 of 2023 J.Nirmal Kumar S/o.Jai Shankar .. Petitioner Vs.
1.
The Superintendent of Police Vellore Vellore District.
2.
The Inspector of Police Sathuvachari Police Station Vellore District.
3.
Mohan ..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 person or body of the detenu, wife Suguna, aged about 28 years and son Dhanvin, aged about 7 years from the illegal custody of the 3rd respondent before this Hon'ble Court and set them at liberty. For Petitioner :
Mr.M.Sathish Kumar For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor for R1 and R2 Page Nos.1/4
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.M.Sathish Kumar, learned counsel on record for petitioner requested leave of this Court to withdraw the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity] but made a request to preserve all the rights and contentions of the petitioner and or anyone else concerned with the matter to move the Family Court / GAWA Court / any other appropriate Forum or authority. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
Page Nos.2/4
2. Aforementioned endorsement is reiterated in the hearing.
3. In the light of the aforementioned endorsement and reiteration of the same, as this is not a case of illegal custody, we drop the curtains on the captioned HCP.
4. Captioned HCP disposed of as closed / withdrawn albeit making it clear all the rights and contentions of the petitioner and or anyone concerned with the matter are preserved for other proceedings as sought for in the aforesaid manner.
(M.S.,J.) (R.S.V.,J.) 17.07.2023 Index : Yes / No Speaking / Non-speaking order mk To 1.
The Superintendent of Police Vellore Vellore District.
2.
The Inspector of Police Sathuvachari Police Station Vellore District.
3.
The Public Prosecutor High Court, Madras.
Page Nos.3/4
M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.1262 of 2023 17.07.2023 Page Nos.4/4