S.Jaya Prakesh v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL S.Jaya Prakash S/o.Subramanian .. Petitioner Vs.

1.

The Superintendent of Police Tirupur.

2.

The Inspector of Police Dharapuram Police Station Dharapuram - Tirupur District.

..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ order or direction in the nature of WRIT OF HABEAS CORPUS, to direct the respondents to produce the detenue Mrs.Periyathal, aged 85 years, before this Hon'ble Court and set her at liberty. For Petitioner :

Ms.R.Pushpalatha 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.R.Pushpalatha, learned counsel on record for petitioner in 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity] sought leave of this Court to withdraw the captioned HCP.

2. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

3. Learned counsel reiterated the aforementioned endorsement in the hearing but made a request to preserve all the rights of the petitioner and / or anyone concerned for the petitioner's mother for moving any other appropriate Court/s/Forum/Fora/ Authority/Authorities in future if the need Page Nos.2/4

arises. Request acceded to.

4. All rights are preserved in this manner and if any other appropriate Court/s/Forum/Fora/Authority/Authorities is moved with a suitable petition, the same shall be dealt with on its own merits and in accordance with law untrammelled by this withdrawal order qua the captioned HCP.

5. Be that as it may, we are informed that absentee has since returned and has reunited with the petitioner but this is recorded only for completion of facts.

6. Captioned HCP is disposed of as closed / withdrawn albeit with the aforementioned observations and preservation of rights in the aforesaid manner.

(M.S.,J.) (R.S.V.,J.) 15.09.2023 Index : Yes/No Speaking / Non-speaking mk Page Nos.3/4

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

The Superintendent of Police Tirupur.

2.

The Inspector of Police Dharapuram Police Station Dharapuram - Tirupur District.

3.

The Public Prosecutor High Court, Madras.

15.09.2023 Page Nos.4/4