Padmanaban v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.No.1712 of 2023 Padmanaban .. Petitioner Vs State Rep. By its 1.The Commissioner of Police, The Greater Chennai, Vepery, Chennai - 600 007.

2.The Inspector of Police, Palavanthangal Police Station, Chennai - 600 114.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents 1 and 2 to produce the body or person of the petitioner's daughter, namely, Varshini, D/o.Padmanaban, aged about 19 years, before this Court and set her at liberty.

For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor Page Nos.1/5

ORDER

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.W.Camyles Gandhi, learned counsel on record for petitioner sought leave of this Court to withdraw the captioned 'Habeas Corpus Petition' (hereinafter 'HCP' for the sake of brevity, convenience and clarity) as there is no averment regarding illegal detention or unlawful custody. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

2. Learned counsel on record for HCP petitioner reiterated the aforementioned endorsement in the hearing.

Page Nos.2/5

3. In the light of the endorsement, reiteration of the same and request to preserve the rights, captioned HCP is disposed of as closed/withdrawn albeit preserving all the rights and contentions of the petitioner and or anyone concerned for the petitioner's daughter to either move an appropriate Court with a suitable petition and or come back to this Court with the same/similar prayer if there are any other developments of illegal detention or unlawful custody.

4. We make it clear that as regards the complaint lodged by the HCP petitioner, jurisdictional police shall proceed with the same on its own merits and in accordance with law dehors the closure of captioned HCP and carry it to its logical end.

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 Captioned HCP is disposed of as closed/withdrawn albeit with the aforementioned observations/preservation of rights in the aforesaid manner.

(M.S.,J.) (R.S.V.,J.) 05.09.2023 Index : Yes/No mmi To Page Nos.3/5

1.The Commissioner of Police, The Greater Chennai, Vepery, Chennai - 600 007.

2.The Inspector of Police, Palavanthangal Police Station, Chennai - 600 114.

3.The Public Prosecutor, High Court, Madras.

Page Nos.4/5

M.SUNDAR, J., and R.SAKTHIVEL, J., mmi H.C.P.No.1712 of 2023 05.09.2023 Page Nos.5/5