A. Praba v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE B.GOKULDAS H.C.P.(MD)No.521 of 2016 A.Praba : Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Tallakulam, Madurai District.

3.Mr.Shanmugaraja : Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, directing the respondents to produce the person or body of the detenues namely Priyal, daughter of Shanmugaraja, aged 9 years and Mathuksara, daughter of Shanmugaraja, aged 7 years before this Court and hand over their custody to the petitioner. For Petitioner : Mr.I.Sabeer Mohamed For Respondents 1&2 : Mr.C.Mayilvahana Rajendran, Additional Public Prosecutor For Respondent No.3 : Mr.Babu Rajendran *******

ORDER

****** (Order of the Court was made by K.K.SASIDHARAN, J.) The learned counsel for the petitioner made an endorsement indicating that he is withdrawing the Habeas Corpus Petition.

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2. The learned counsel for the third respondent submitted that the learned First Additional District Judge, Madurai, passed

an order on 04 April, 2014, in G.W.O.P.No.1 of 2013, directing the petitioner herein to hand over the custody of the minors to the third respondent. According to the learned counsel, it was only to circumvent the order passed by the learned First Additional District Judge, the petitioner filed the present Habeas Corpus Petition. The police took custody of the minors and handed over to the petitioner and thereby, defeated the order passed by the learned First Additional District Judge, Madurai.

3. Since the learned counsel for the petitioner has made an endorsement withdrawing the Habeas Corpus Petition, we do not propose to pass a detailed order on the merits of the matter.

4. In view of the endorsement made by the learned counsel, the Habeas Corpus Petition is dismissed as withdrawn.

5. It is open to the third respondent to work out his remedy in the manner known to law.

Sd/ Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, All Women Police Station, Tallakulam, Madurai District.

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

+1cc to M/s.Babu Rajendran, Advocate in SR.No.27271 +1cc to M/s.I.Sabeer Mohamed. Advocate in SR.No.27283 SDR/SKS-RR/SAR I/09.06.2016/2P/6C Order made in H.C.P.(MD)No.521 of 2016 Dated:01.06.2016 https://hcservices.ecourts.gov.in/hcservices/