M.Anantharaj v. Assistant Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL M.Anantharaj S/o. Madasamy (Late) .. Petitioner Vs.
1.
The Assistant Commissioner of Office Selaiyur, Chennai-600 045.
2.
The Inspector S12, Chitlapakkam Police Station Jyothi Nagar, Chennai-600 064.
..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 petitioner's wife Aruna Rajagopal aged 40 years and his Children xxxxx S/o M.Anantharaj (aged 12 years) and yyyyy, son of M.Anatharaj (aged 5 years) before this Honble court and set him at liberty For Petitioner :
Mr.P.Rajendra Kumar For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
Page Nos.1/4
[Order of the Court was made by M.SUNDAR, J.,] In the captioned 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity, convenience and clarity] we are informed that a complaint of the petitioner is now with All Women Police Station, Selaiyur within the Tambaram Police Commissionerate vide CSR No.335 of 2023 dated 31.8.2023. Moreover, petitioner's erstwhile spouse, who has obtained judicial separation has not been arrayed as co-respondent (atleast with last known residence / address). Further more, the order of judicial separation vide O.P.No.2953 of 2021 on the file of II Additional Family Court, Chennai has also not been placed before us.
2. Faced with the above situation, Mr.P.Rajendra Kumar, learned counsel on record for the petitioner sought leave of this Court to withdraw the captioned HCP but made a plea that all rights and contentions of the petitioner and / or anyone concerned for the absentees may please be preserved for filing a fresh HCP with same / similar prayer after doing the needful with regard to the aforementioned points.
3. To be noted, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.2/4
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 In the light of the narrative thus far, captioned HCP is disposed of as closed / withdrawn albeit preserving all rights of the petitioner and / or anyone concerned for the absentees to come to this Court or to move any other appropriate Court/s/Forum/Fora/Authority/Authorities with similar / same prayer i.e., similar HCP after doing needful qua aforementioned points.
5. Captioned HCP is disposed of as closed / withdrawn albeit with preservation of rights in the aforesaid manner. (M.S.,J.) (R.S.V.,J.) 31.08.2023 Index : Yes/No Speaking / Non-speaking mk Page Nos.3/4
M.SUNDAR, J., and R.SAKTHIVEL, J., mk To 1.
The Assistant Commissioner of Office Selaiyur, Chennai-600 045.
2.
The Inspector S12, Chitlapakkam Police Station Jyothi Nagar, Chennai-600 064.
3.
The Public Prosecutor High Court, Madras.
31.08.2023 Page Nos.4/4