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Madras High CourtHCP(MD)/1084/2024closed

Rakkayi v. The Superintendent Of Police

2024-09-02Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD H.C.P.(MD) No.1084 of 2024 Rakkayi ... Petitioner / mother of the detenu Vs.

1. The Superintendent of Police Madurai District, Madurai.

2. The Inspector of Police Y.Othakadai Police Station, Madurai ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Habeas Corpus, directing the second respondent to produce the person or body of the petitioner's son Harshan, S/o.Karthick Raja, aged about 7 years and produce before this Court and hand over custody to the petitioner.

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For Petitioner : Mr.S.Vishnukanth For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

This Habeus Corpus Petition has been filed seeking production of her child aged about seven years.

2. It is stated that in this connection she had lodged a complaint, consequent to which current paper No. C.No.104/ N.Dis/ C4OTKPS/ MD/2024 dated 08.07.2024 had been registered.

3. The learned Additional Public Prosecutor forwarded a copy of the photograph of the child with his father. But a representation is also made on behalf of the father by the learned counsel Mr.C. Jeyaprakash who stated that the petitioner had left the matrimonial home and that the child is now safe with the father. 2/4

4. Since it is a dispute relating to marital life of petitioner herein with her husband it will only be appropriate that she takes further appropriate proceedings in the manner known to law.

5. In view of the same, this Habeus Corpus Petition stands closed since the child is safe with the father. (C.V.K., J.) (J.S.N.P, J.) 02.09.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No aav To

1. The Superintendent of Police Madurai District, Madurai.

2. The Inspector of Police Y.Othakadai Police Station, Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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C.V.KARTHIKEYAN, J.

and J.SATHYA NARAYANA PRASAD, J.

aav ORDER MADE IN H.C.P.(MD) No.1084 of 2024 02.09.2024 4/4