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Madras High CourtHCP/2512/2020closed

C.Jagadeesan v. The Commissioner Of Police,

2021-01-18Honourable Mr Justice P. N. Prakash,Honourable Mr Justice V.Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2021 Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM H.C.P. No. 2512 of 2020 C.Jagadeesan .. Petitioner Vs.

1.The Commissioner of Police, The Office of the Commissioner of Police, Vepery, Chennai - 7.

2.The Inspector of Police, R 11, Royala Nagar Police Station, Ramapuram, Chennai - 83.

3.Kokkirala Kranthi .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Habeas Corpus directing the third respondent to produce the petitioner's minor daughter, aged 7 years before this Court from the custody of the third respondent and hand over to the petitioner.

For Petitioner :

Ms.K.Sridevi For Respondents:

Mr.R.Prathap Kumar, Addl. Public Prosecutor for R1 & R2

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] Seeking a direction to the third respondent to produce the petitioner's minor daughter Keerthanaa before this Court and to hand over her custody to the petitioner, the present habeas corpus petition has been filed.

2.It is the case of the petitioner that his minor daughter is in the illegal custody of the third respondent, who is his wife.

https://hcservices.ecourts.gov.in/hcservices/

3.In the opinion of this Court, the custody of the child with the mother cannot be said to be illegal. That apart, the petitioner has filed O.P.No.445 of 2020 in the High Court, seeking guardianship of the child, in which, the third respondent has entered appearance, as directed by this Court in the order dated 18.01.2021.

4.Recording the same, this habeas corpus petition stands closed with liberty to the petitioner to work out the remedy in the manner known to law.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi To 1.The Commissioner of Police, The Office of the Commissioner of Police, Vepery, Chennai - 7.

2.The Inspector of Police, R 11, Royala Nagar Police Station, Ramapuram, Chennai - 83.

3.The Public Prosecutor, High Court, Madras.

H.C.P. No. 2512 of 2020 SR(CO) SP(05/02/2021) https://hcservices.ecourts.gov.in/hcservices/