Devaraj v. The Commissioner 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 Devaraj .. Petitioner vs 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Thallakulam Police Station, Madurai Town, Madurai District.

.. 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 produce the person or body of the detenu viz., Kishore Kumar, son of K.Devaraj, aged 19 years, before this Court and set him at liberty.

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For Petitioner :

Mr.J.Karmega Kannan For RR 1 & 2 :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.] After some arguments, Mr.J.Karmega Kannan, learned counsel representing counsel on record for petitioner in 'Habeas Corpus Petition' [hereinafter 'HCP' for the sake of brevity] sought leave of this Court to withdraw the captioned HCP.

2.Learned counsel on record for petitioner made an endorsement in the case file and a scanned reproduction of the same is as follows:

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3.Adverting to the aforementioned endorsement, learned counsel made a request that all the rights and contentions of the petitioner and/or anyone concerned for petitioner's son may be pleased to be preserved for pursuing the complaint that he is missing. Request acceded to.

4.All rights are preserved if any other Court/s/Forum/Fora/Authority/s are approached with a suitable petition, the same shall be dealt with on its own merits and in accordance with law dehors the withdrawal of the captioned HCP ie., untrammelled by this order.

5.Captioned HCP is disposed of as closed/withdrawn albeit preserving all the rights and contentions of the petitioner and/or anyone concerned for petitioner's son in the aforesaid manner. There shall be no order as to costs.

(M.S.,J.) (R.S.V.,J.) 18.10.2023 Index : Yes/No ps 4/6

To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Thallakulam Police Station, Madurai Town, Madurai District.

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

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