R.Maheswari, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU H.C.P.[MD].No.1746 of 2016 R.Maheswari .. Petitioner Vs.
1.The Superintendent of Police, Sivagangai District.
2.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.
3.C.Selvakumar 4.Chockkappan Reddiar 5.Seethalakshmi .. Respondents PRAYER: Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the first and second respondents to secure the detenu and produce the person or body of the detenu / petitioner's grand daughter viz., Janmithra, aged about 4-1/2 years from the respondents 3 to 5 before this Court and hand over the custody of the detenu to the petitioner. For Petitioner : Mr.R.Manoharan For respondents 1 & 2 : Mr.K.S.Duraipandian, Addl. Public Prosecutor For respondents 3 to 5 : Mr.Rm.Arun swaminathan, for Chettinad Legal Solutions
ORDER
[Order of the Court was made by R.SUBBIAH, J.] The mother of the detenu by name Janmithra, aged about 4-1/2 years, has come with this Habeas Corpus Petition alleging that the respondents 3 to 5, who are her husband, father-in-law and motherin-law respectively, illegally detained the detenu. https://hcservices.ecourts.gov.in/hcservices/ 2.Today, when the matter was taken up for hearing, both the
parties were appeared along with their respective counsel. The respondents were also produced the detenu before this Court. When this Court pointed out that the issue with regard to the custody of the child cannot be decided by this Court in this Habeas Corpus Petition, the petitioner fairly submitted that she would file GWOP before the competent Court. The said statement is recorded. 3.In view of the above, nothing survives for adjudication in this petition. Hence, this Habeas Corpus Petition is closed with liberty to the petitioner to work out her remedy before the appropriate forum.
Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Sivagangai District.
2.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.M.ARUN SWAMINATHAN, Advocate, SR No. 2879 GCG PSM/SV-MMS/09.02.2017/2P/5C Order made in H.C.P.[MD].No.1746 of 2016 Dated: 18.01.2017 https://hcservices.ecourts.gov.in/hcservices/