S.Sugadev v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Sugadev ... Petitioner/Husband of the detenu -vs1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, All Women Police Station, Srivilliputhur, Virudhunagar District.

3.Jansirani 4.Antony Raja ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of habeas corpus, directing the respondents 1 and 2 to produce the person or body of the detenu namely Indusha, wife of Sugadev, aged about 26 years, before this Court and set her at liberty.

For Petitioner :

Mr.A.Kannan for M/s. Mathuram Law Associates For R1 & R2 :

Mr.S.Ravi Standing counsel for Government For R3 & R4 : Mr.Niranjan S.Kumar

O R D E R

[Order of the Court was made by K.KALYANASUNDARAM, J.] When the matter is taken up for hearing today, the petitioner has filed an affidavit dated 30.06.2021, seeking permission to withdraw the habeas corpus petition. In Paragraph Nos.4 and 5 of the affidavit, it has been stated as follows: 1/3

"4. I humbly submit that in view of the statements of the detenu and considering the new life of the detenu I have decided not to proceed any further with this litigation and also other litigation namely H.M.O.P.No.36/2021 on the file of the learned Family Court, Srivilliputhur and any other petitions preferred to the respondents 1 and 2. I undertake to file a withdrawal petition in the above said H.M.O.P. Petition in the next hearing and accordingly I will not press the petition and withdraw the same in the next hearing.

5. I humbly submit that considering the well being of both of us I have decided to erase all my memories both in my mind and in mobile phone with regard to the relationship of myself and the detenu herein. I assure that I will not interfere into the detenu's life hereinafter. I will destroy all the photographs and other evidences."

2. In view of the above, the Habeas Corpus Petition is dismissed as withdrawn.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, All Women Police Station, Srivilliputhur, Virudhunagar District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.NIRANJAN S.KUMAR, Advocate ( SR-21066[F] dated 02/07/2021 ) ORDER MADE IN 01.07.2021 MGJ(20.07.2021) 3P 6C 3/3