V.Sonia Lizy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL V.Sonia Lizy W/o.P.Suriya .. Petitioner Vs.

1.

The State represented by its The Superintendent of Police Tiruvallur District.

2.

The State represented by its The Sub Inspector of Police Mappedu Police Station Tiruvallur District.

..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 1st and 2nd respondents to produce the body of the petitioner's husband P.Suriya, aged 24 years, son of Palaiyappan before this Hon'ble Court.

For Petitioner :

Mr.K.R.Pughazhendhi For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor Page Nos.1/4

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] After some arguments, Mr.K.R.Pughazhendhi, learned counsel representing the 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 (FIR No.310 of 2023 dated 29.08.2023 on the file of Mappedu Police Station, Tiruvallur) 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 husband 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 Captioned HCP is disposed of as closed / withdrawn albeit with the aforementioned observations and preservation of rights in the aforesaid manner.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.) 15.09.2023 Index : Yes/No Speaking / Non-speaking mk Page Nos.3/4

M.SUNDAR, J., and R.SAKTHIVEL, J., mk To 1.

The State represented by its The Superintendent of Police Tiruvallur District.

2.

The State represented by its The Sub Inspector of Police Mappedu Police Station Tiruvallur District.

3.

The Public Prosecutor High Court, Madras.

15.09.2023 Page Nos.4/4