E.Chandrasekar v. The Commisisoner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL E.Chandrasekar Son of Elumalai .. Petitioner Vs 1.

The Commissioner of Police Office of the Commissioner of Police Tambaram City.

2.

The Inspector of Police Guduvancherry Police Station Tambaram City.

.. 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 petitioner's sister Miss.E.Sasikala, aged about 55 years before this Hon'ble Court and set her at liberty.

For Petitioner :

Ms.A.Ponni 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, Ms.A.Ponni, learned counsel on record for petitioner sought leave of this Court to withdraw the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity, convenience and clarity]. Learned counsel has made an endorsement in this regard in the case file.

2. Mr.A.T.Anbu Kumar, third named counsel on record for petitioner also addressed this Court on videoconferencing platform (to be noted, this is hybrid hearing). To be further noted, Ms.Ponni, learned counsel was present in Court and endorsement made by learned counsel on record for petitioner is as follows:

Page Nos.2/4

3. As there is no allegation of illegal detention, while withdrawing the captioned HCP, learned counsel requested this Court to preserve rights of the petitioner and or anyone concerned for the petitioner's sister to move an appropriate Court with a suitable petition. Request acceded to.

4. In the light of the narrative thus far, captioned HCP is disposed of as closed / withdrawn albeit preserving all rights of the petitioner and or anyone concerned for petitioner's sister to move appropriate Court / Forum / authority with a suitable petition. If such a course is adopted, the Court / Forum / Authority concerned shall consider the same on its own merits and in accordance with law untrammelled by this order of withdrawal. (M.S.,J.) (R.S.V.,J.) 31.07.2023 Index : Yes/No speaking / non-speaking mk Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk To 1.

The Commissioner of Police Office of the Commissioner of Police Tambaram City.

2.

The Inspector of Police Guduvancherry Police Station Tambaram City.

3.

The Public Prosecutor, High Court, Madras.

31.07.2023 Page Nos.4/4