B.Sri Balaji v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.1450 of 2023 B.Sri Balaji S/o.Balasubramanian .. Petitioner Vs.

1.

The Superintendent of Police Puducherry.

2.

The Inspector of Police Lawspet Police Station Lawspet, Puducherry.

..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 body of the petitioner's father Balasubramanian, male, aged about 73 years before this Hon'ble Court and set him liberty. For Petitioner :

Mr.U.Devasenathipathi For Respondents :

Mr.M.V.Ramachandramoorthy Additional Public Prosecutor (Puducherry) assisted by Mr.A.Alexander, learned counsel Page Nos.1/4

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.U.Devasenathipathi, 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 convenience, clarity and brevity] as there is no allegation of illegal detention or unlawful custody. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

2. Aforementioned endorsement is reiterated in the hearing and learned counsel makes a request to preserve rights of the petitioner, absentee and or anyone concerned for the absentee to move appropriate Court / Forum / Authority with a suitable petition.

Page Nos.2/4

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 In the light of the narrative thus far, captioned HCP is disposed of as closed / withdrawn albeit preserving rights of the petitioner, absentee and or anyone concerned for the absentee to move appropriate Court / Forum / Authority with a suitable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

4. Captioned HCP is disposed of as closed / withdrawn albeit preserving the rights in the aforesaid manner. (M.S.,J.) (R.S.V.,J.) 03.08.2023 Index : Yes / No Speaking / Non-speaking mk To 1.

The Superintendent of Police Puducherry.

2.

The Inspector of Police Lawspet Police Station Lawspet, Puducherry.

3.

The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk H.C.P.No.1450 of 2023 03.08.2023 Page Nos.4/4