Anitha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL Anitha .. Petitioner vs 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

3.Eswari .. Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus directing the respondents 1 and 2 to secure and produce the body or person of the detenu namely Velmurugan, S/o.Baskara Sethupathi, aged about 28 years before this Court and set him at liberty. 1/6

For Petitioner :

Ms.S.Prabha for Mr.D.Ramesh Kumar For RR 1 & 2 :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.] Ms.S.Prabha, learned counsel representing counsel on record for petitioner is before us.

2.When the matter was taken up, we were informed by learned Additional Public Prosecutor, on instructions from second respondent/Mr.B.B.Maniyan, Inspector of Police, Poovanthi Police Station, Sivagangai District, that the petitioner's spouse has not reported for duty from 16.06.2023 and he has now been classified as a deserter. There is no allegation of illegal detention or unlawful custody by anyone, much less third respondent. However, the petitioner has given a complaint dated 04.09.2023 about the petitioner's spouse missing. Let the investigation proceed in accordance with law. 2/6

3.Faced with the above situation, learned counsel made an endorsement in the case file and a scanned reproduction of the same is as follows:

3/6

4.Adverting to the aforementioned endorsement, learned counsel sought leave of this Court to withdraw the captioned Habeas Corpus Petition [hereinafter 'HCP' for the sake of brevity]. Learned counsel also made a request to preserve all the rights of the petitioner qua aforementioned complaint and/or any connected/collateral proceedings in any other Court/Courts/Fora/Forum/ Authority/Authorities. Request acceded to.

5.In the light of the narrative thus far, captioned HCP is disposed of as closed/withdrawn albeit preserving all rights and contentions of all concerned in the aforementioned manner. (M.S.,J.) (R.S.V.,J.) 18.10.2023 Index : Yes/No ps 4/6

To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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

5/6

M.SUNDAR, J., and R.SAKTHIVEL, J., ps 18.10.2023 6/6