Gowher John v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.1435 of 2023 Gowher John W/o.Khader Basha .. Petitioner Vs.

1.

The Commissioner of Police Egmore, Chennai-8.

2.

The Inspector of Police K-1, Sembiam Police Station Chennai.

..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to direct the respondents to produce the petitioner's son K.Arif Basha, aged about 23 years, before this Hon'ble Court and set him at liberty.

For Petitioner :

Mr.J.P.Ravivarman For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor Page Nos.1/4

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.J.P.Ravivarman, learned counsel on record for the petitioner sought leave of this Court to withdraw the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity, convenience and clarity] as there is no allegation of illegal detention or unlawful custody and it is a case of 'Man Missing' simplicitor. Learned counsel has made an endorsement in this regard in the case file and a scanned reproduction of the same is as follows:

2. Learned counsel reiterates the aforementioned endorsement and makes a request to preserve all rights of the petitioner to approach appropriate Court.

Page Nos.2/4

3. In the light of the narrative thus far, captioned HCP is disposed of as closed / withdrawn albeit preserving all rights and contentions of the petitioner, absentee and anyone concerned for the absentee or concerned with the matter to move appropriate Court / Forum / Authority with a suitable petition. If the Court / Forum / Authority is moved, the same shall be examined on its own merits and in accordance with law untrammelled by this order.

4. Captioned HCP is disposed of as closed / withdrawn albeit preserving all rights in the aforesaid manner. (M.S.,J.) (R.S.V.,J.) 01.08.2023 Index : Yes / No Speaking / Non-speaking mk To 1.

The Commissioner of Police Egmore, Chennai-8.

2.

The Inspector of Police K-1, Sembiam Police Station Chennai.

3.

The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.1435 of 2023 01.08.2023 Page Nos.4/4