D.M.Shenguttuvan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL D.M.Shenguttuvan S/o.Murugesan .. Petitioner Vs.
1.
The Superintendent of Police Thiruvallur District - 631 208.
2.
The Deputy Superintendent of Police Thiruthani Thiruvallur District - 631 208.
3.
The Inspector of Police D-6, Pothatturpet Police Station Thiruvallur District - 631 208.
..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 respondent herein to produce the body of the detenue Pavithra, wife of Mr.Devaraj JK, aged 25 years and detenue Dharshini, daughter of Mr.Devaraj JK, aged 3 years before this Hon'ble Court and set them at liberty.
Page Nos.1/4
For Petitioner :
Mr.R.Sathiyaraj 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.R.Sathiyaraj, 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, as there is no averment of illegal detention or unlawful custody either in the complaint dated 24.08.2023 (FIR No.492 of 2023 on the file of Tiruvallur Police Station) or in the support affidavit qua captioned HCP.
2. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.2/4
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 daughter and granddaughter for moving any other appropriate Court/s/Forum/Fora/ Authority/Authorities. 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. Captioned HCP is disposed of as closed / withdrawn albeit with the aforementioned observations and preservation of rights in the aforesaid manner.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.) 08.09.2023 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 Thiruvallur District - 631 208.
2.
The Deputy Superintendent of Police Thiruthani Thiruvallur District - 631 208.
3.
The Inspector of Police D-6, Pothatturpet Police Station Thiruvallur District - 631 208.
4.
The Public Prosecutor High Court, Madras.
08.09.2023 Page Nos.4/4