Vijilarubi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Vijilarubi W/o.Jayakumar .. Petitioner Vs.

1.

State Rep. By The Superintendent of Police Office of the Superintendent of Police Coimbatore District.

2.

State Rep. By The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Coimbatore District.

3.

State Rep. By The Inspector of Police Saravanampatti Police Station Coimbatore 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 Page Nos.1/5

CORPUS, to direct respondents to produce petitioner's husband Mr.Jayakumar, aged 50 years before this Court within the time stipulated by this Court.

For Petitioner :

Mr.T.Shanmugaboopathi 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.T.Shanmugaboopathi, learned counsel on record for petitioner in captioned '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.370 of 2023 dated 30.07.2023 on the file of Saravanampatti Police Station) or in the support affidavit qua captioned HCP.

Page Nos.2/5

2. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

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 and if other appropriate Court/s/Forum/Fora/Authority/Authorities is / are 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. Page Nos.3/5

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 Captioned HCP is disposed of as closed / withdrawn albeit with the aforementioned observations and preservation of rights in the aforesaid manner.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.) 19.09.2023 Index : Yes/No Speaking / Non-speaking gpa To 1.

The Superintendent of Police Office of the Superintendent of Police Coimbatore District.

2.

The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Coimbatore District.

3.

The Inspector of Police Saravanampatti Police Station Coimbatore District 4.

The Public Prosecutor Madras High Court Page Nos.4/5

M.SUNDAR, J., and R.SAKTHIVEL, J., gpa 19.09.2023 Page Nos.5/5