Santhosh Kumar v. State Rep By

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 Santhosh Kumar S/o.Seenuvasan .. Petitioner Vs.

1.

The State rep. by The Superintendent of Police O/o. Superintendent of Police Office Pudukottai District.

2.

The Inspector of Police Alangudi Police Station Pudukottai District.

3.

Selvaraj ..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 1 and 2 to produce the petitioner's wife namely viji who is aged about 25 years before this Hon'ble Court and set her at liberty.

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For Petitioner :

Mr.R.Thirumoorthy For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] When the captioned matter was taken up, it came to light that the nucleus of the 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity, convenience and clarity] is a complaint given in Alangudi Police Station, Pudukottai District. Therefore, ideally the captioned HCP has to be filed in Madurai Bench of this Court.

2. Faced with the above situation, Mr.R.Thirumoorthy, learned counsel on record for the petitioner very fairly submitted that leave may be granted to withdraw the captioned HCP but rights and contentions of the petitioner and / or anyone concerned for the absentee may please be preserved for moving Madurai Bench of Madras High Court. Saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

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3. Aforementioned endorsement is reiterated in the hearing.

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 In the light of the narrative thus far, captioned HCP is disposed of as closed / withdrawn albeit preserving all the rights and contentions of the petitioner and / or anyone concerned for the absentee to move the Madurai Bench of Madras High Court or any other appropriate Court/s/Forum/Fora/Authority/Authorities. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter.

(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 State rep. by The Superintendent of Police O/o. Superintendent of Police Office Pudukottai District.

2.

The Inspector of Police Alangudi Police Station Pudukottai District.

3.

The Public Prosecutor High Court, Madras.

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