Rojith Thaya Samraj Thangam v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 2337 of 2019 Rojith Thaya Samraj Thangam ... Petitioner -vs1.The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2.The Inspector of Police, All Women Police Station, Villivakkam, Chennai - 600 049.

3.Anjeline Vidhula Jayachandra 4.Santhi Jayachandra 5.P.Jayachandra ... Respondents Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the second respondent to produce the petitioner's minor child by name Adriel Jason Rojit, aged 3 years, before this Court from the custody of respondents 3 to 5 and hand over the custody to the petitioner herein.

For Petitioner : Mr.G.Mohanakrishnan For Respondents :

Mr.R.Prathap Kumar Addl. Public Prosecutor for R1,R2 : Mr.Mohan for Mrs.K.Santhakumari for R4,R5 https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the second respondent to produce the petitioner's minor child, by name, Adriel Jason Rojit, aged 3 years, before this Court from the custody of respondents 3 to 5 and to hand over the custody to the petitioner herein, the present Habeas Corpus Petition has been filed.

2. The petitioner is the father of the minor child seeking custody from the wife and in-laws. It is submitted that the petitioner has already filed a petition for custody.

3. In such view of the matter, we are not inclined to keep this matter pending before us. The parties are at liberty to work out the remedy before the jurisdictional Court. However, considering the submission made by the learned counsel for the petitioner, IDOP No.149 of 2019 pending on the file of Principal District Judge, Chengalpattu is directed to be disposed of within a period of four months from the date of receipt of a copy of this order.

4. With the above direction, the Habeas Corpus Petition stands disposed of.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Principal District Judge,Chengalpattu.

2.The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

3.The Inspector of Police, All Women Police Station, Villivakkam, Chennai - 600 049.

4.The Public Prosecutor,High Court, Madras.

+1cc to Mr.G.Mohanakrishnan , Advocate SR.No. 98351 +1cc to Mrs.K.Santhakumari, Advocate SR.No. 98488 H.C.P. No. 2337 of 2019 ssd A.SK(09/01/2020) https://hcservices.ecourts.gov.in/hcservices/