Venkatachalam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Venketachalam .. Petitioner Vs.

1.

The Superintendent of Police Salem 2.

The Inspector of Police Ammapet Police Station Salem District ..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus by directing the respondents 1 and 2 to produce the petitioner's mother by name Vasantha aged about 41 years old, before this Court and set her at liberty.

For Petitioner :

Mr.P.Dasarathan For Respondents :

Mr.E.Raj Thilak Addl. Public Prosecutor for R1 & R2 Page Nos.1/4

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] When the matter was taken up, as there is no averment of illegal detention or unlawful custody, learned counsel for petitioner sought leave of this Court to withdraw the captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity], learned counsel has made an endorsement and a scanned reproduction of the same is as follows:

2. Aforementioned endorsement is reiterated in the hearing. Page Nos.2/4

3. Learned counsel requests that the rights of the petitioner may please be preserved for pursuing the matter in an appropriate forum with a suitable application. This request is acceded to.

4. In the light of the narrative thus far, captioned HCP is disposed of as closed/withdrawn albeit preserving all the rights and contentions of the petitioner, absentee or anyone concerned for the absentee to move the appropriate Court / Forum / Authority with a suitable petition. If appropriate Court / Forum / Authority is moved, the same shall consider the matter on its own merits and in accordance with law untrammeled by this order which has been made for the limited purpose of giving a closure to habeas corpus legal drill.

(M.S.,J.) (R.S.V.,J.) 07.08.2023 gpa Page Nos.3/4

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

The Superintendent of Police Salem 2.

The Inspector of Police Ammapet Police Station Salem District 3.

The Public Prosecutor High Court, Madras.

07.08.2023 Page Nos.4/4