Sureshkumar v. Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.1703 of 2023 Sureshkumar .. Petitioner Vs.
1.
The Superintendent of Police Tiruppur District 2.
The Superintendent of Police Tiruppur District 3.
The Inspector of Police Dharapuram Police Station Tiruppur District 4.
The Sub-Inspector of Police Dharapuram Police Station Tiruppur District ..Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing Respondents 1 to 4 to produce the person and body of the petitioner's wife Priya, aged about 30 years before this Court and set her at liberty.
For Petitioner :
Mr.M.Arun Page Nos.1/5
of M/s.Karan and Uday [Law Firm] For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.M.Arun of M/s.Karan and Uday [Law Firm], learned counsel for petitioner sought leave to withdraw the captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity].
2. To be noted, there is no averment of illegal detention or unlawful custody in the complaint dated 06.08.2023 saying that absentee is missing from 23.07.2023. However, one unsubstantiated sentence which reads thus 'The petitioner understood thus she is under illegal custody of someone' has been included in paragraph 5 of the support affidavit. It came to light that this sentence has been added solely with the intention of bringing the captioned HCP within the habeas legal umbrella. We are also informed by learned counsel that age of the child who was born out of wedlock between the petitioner and absentee is not known but the child is with the petitioner. There is also matrimonial discord between petitioner and absentee even according to the complaint.
Page Nos.2/5
3. Learned counsel has made an endorsement in the case file and a scanned reproduction of the endorsement made by the learned counsel in the case file is as follows:
4. Aforementioned endorsement is reiterated in the hearing by the learned counsel.
5. Captioned HCP disposed of as closed/withdrawn but all the rights and contentions of the petitioner and/or any one concerned for the absentee are preserved for moving an appropriate Court with a suitable petition. It is also made clear that if there are any other developments warranting a habeas legal drill, it is open to the petitioner and / or any one concerned for the Page Nos.3/5
absentee to come to this Court with similar / same prayer notwithstanding closure of captioned HCP.
(M.S.,J.) (R.S.V.,J.) 04.09.2023 Index : Yes / No Speaking / Non-speaking order gpa To 1.
The Superintendent of Police Tiruppur District 2.
The Superintendent of Police Tiruppur District 3.
The Inspector of Police Dharapuram Police Station Tiruppur District 4.
The Sub-Inspector of Police Dharapuram Police Station Tiruppur District 5.
The Public Prosecutor High Court, Madras.
Page Nos.4/5
M.SUNDAR, J., and R.SAKTHIVEL, J., gpa H.C.P.No.1703 of 2023 04.09.2023 Page Nos.5/5