M.Ajay v. The Assistant Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL M.Ajay .. Petitioner Vs 1.The Assistant Commissioner of Police, Tharamani, Chennai - 113.
2.The State rep. By The Inspector of Police, J6 Police Station, Thiruvanmiyur, Chennai - 41.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the first and second respondents to produce the body of petitioner's brother namely Vijay, aged about 24 years before this Court and set him at liberty.
For Petitioner :
Mr.S.Ambedkar For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind Page Nos.1/5
ORDER
[Order of the Court was made by M.SUNDAR, J.,] When the captioned 'Habeas Corpus Petition' (hereinafter 'HCP' for the sake of brevity, convenience and clarity) was taken up, it came to light that there is no averment of illegal detention or unlawful custody of the 'petitioner's brother' (hereinafter 'absentee' for the sake of convenience and clarity).
2. Faced with the above situation, Mr.S.Ambedkar, learned counsel on record for petitioner sought leave of this Court to withdraw the captioned HCP and made an endorsement in the case file. A scanned reproduction of the same is as follows:
3. In the light of the aforementioned endorsement and reiteration of the same, captioned HCP is disposed of as closed/withdrawn albeit preserving the rights of the petitioner or Page Nos.2/5
anyone concerned for the absentee to approach any Court/s/Forum/Fora/Authority/Authorities more particularly Section Cr.P.C.
Court or SHRC.
If Court/s/Forum/Fora/Authority/Authorities/Section 482 Cr.P.C. Court or SHRC are approached, the Court concerned or the Commission concerned shall consider the matter on its own merits and in accordance with law dehors this HCP order which has been made for the limited purpose of giving a closure to the captioned HCP. It is also made clear that this Court has not expressed any view or opinion on the merits of the matter and therefore the SHRC or Section 482 Cr.P.C. Court or any other Court/Forum (if approached) shall consider the matter on its own merits and in accordance with law untrammelled by this order.
4. Captioned HCP is disposed of as closed/withdrawn albeit preserving all the rights and contentions of the petitioner, absentee and or anyone concerned for the absentee in the aforesaid manner. (M.S.,J.) (R.S.V.,J.) 29.09.2023 Index : Yes/No mmi To Page Nos.3/5
1.The Assistant Commissioner of Police, Tharamani, Chennai - 113.
2.The Inspector of Police, J6 Police Station, Thiruvanmiyur, Chennai - 41.
3.The Public Prosecutor, High Court, Madras.
Page Nos.4/5
M.SUNDAR, J., and R.SAKTHIVEL, J., mmi 29.09.2023 Page Nos.5/5