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Madras High CourtHCP(MD)/1031/2018dismissed

S. Jeganathan v. The Superintendent Of Police

2018-07-24Honourable Mr Justice A.M. Basheer Ahamed,Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2018

CORAM:

THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED H.C.P.(MD) No.1031 of 2018 S.Jeganathan ... Petitioner Vs.

1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Paeraiyur Police Station, Paeraiyur, Madurai District.

3.R.Ram Victoria ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, against the 1st and 2nd respondents directing them to produce the petitioner's minor son S.Dhyanesh Kumaran S/o. S.Jeganathan, aged about 4 years before this Hon'ble Court and handover the custody to the petitioner before this Hon'ble Court and set him at liberty. For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.K.Dinesh Babu 1 & 2 Additional Public Prosecutor For 3rd Respondent : Mr.P.T.S.Narendravasan

ORDER

(Order of the Court was made by C.T. SELVAM,J.) Petitioner has sought production of his minor son Dhyanesh Kumaran, aged about 4 years, before this Court and to handover custody to him.

2.On being informed by the second respondent, the third respondent is present along with her minor son. She informs that she and her husband/petitioner had live apart for the past four years. Learned counsel for petitioner does not deny such position but states that access to the son was denied by the third respondent. Petitioner is also present.

https://hcservices.ecourts.gov.in/hcservices/

3.In the circumstances, petitioner has to work out his remedy before appropriate forum. Hence, this Habeas Corpus Petition stands dismissed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Paeraiyur Police Station, Paeraiyur, Madurai District.

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

+1cc to Mr.P.T.S.Narendravasan, Advocate Sr.No.74587 +1cc to Mr.J.Senthil Kumaraiah, Advocate Sr.No.74718 SJ VB/KAK/SAR4/09.08.2018/2P/6C H.C.P.(MD)No.1031 of 2018 24.07.2018 https://hcservices.ecourts.gov.in/hcservices/