Vellaiammal v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023 CORAM :
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI Vellaiammal ... Petitioner vs.
1. The Superintendent of Police, Office of the Superintendent of Police,
2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ottanchathiram,
3. The Inspector of Police, Kannivadi Police Station, ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Habeas Corpus, directing the respondents to produce the body or person of the detenue namely, Muthuselvan / the detenue aged 25 years, Son of Rajendran before this Court and set at him liberty.
For Petitioner : Mr.R.Arun Kumar for Mr.S.Maruthupandian Page No.1 of 4
For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor
O R D E R
[Order of the Court was made by M.SUNDAR, J.] After some arguments, as there is no allegation of illegal detention / unlawful custody, learned counsel sought leave to withdraw the captioned 'Habeas Corpus Petition' (hereinafter 'HCP' for the sake of brevity), but made a plea that all the rights and contentions of the petitioner and or any one concerned for petitioner's major son aged 25 years (petitioner's son shall be referred to as 'absentee' for convenience) may be preserved to pursue other remedies available in other Court / Courts / Forum / Fora / Authority / Authorities. 2.
Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page No.2 of 4
3.
If the appropriate Court / Courts / Forum / Fora / Authorities are approached with a suitable petition/s, the appropriate Court / Courts / Forum / Fora / Authorities shall consider the same on its own merits and in accordance with law untrammeled by withdrawal of captioned HCP. We also make it clear that if there is any further development leading to illegal detention or unlawful custody, it is well open to the petitioner or any one concerned for the petitioner to come to this Court with the same / similar prayer.
4.
Captioned HCP is disposed of as withdrawn / closed albeit with aforementioned observation and preservation of rights in the aforesaid manner.
(M.S., J.) (R.K.M., J.) 06.10.2023 Index : Yes/No bala To
1. The Superintendent of Police, Office of the Superintendent of Police, Page No.3 of 4
M.SUNDAR, J.
and R.KALAIMATHI, J.
bala
2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ottanchathiram,
3. The Inspector of Police, Kannivadi Police Station, ORDER MADE IN DATED : 06.10.2023 Page No.4 of 4