V.Sathiya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MR. JUSTICE R.SAKTHIVEL V.Sathiya .. Petitioner vs 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

3.The Inspector of Police, Peravurani Police Station, Thanjavur District.

4.Anushya .. 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 to 3 herein to produce the body or person of the petitioner's husband/detenu namely Venkatesan, S/o.Nellakandan, aged about 32 years before this Court and set him at liberty. 1/6

For Petitioner :

Mr.P.Mani Anandh For Respondents 1 to 3 :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, it came to light that it is a case of matrimonial discord between petitioner and her 32 years old husband. Therefore, Mr.P.Mani Anandh, learned counsel sought leave of this Court 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 anyone concerned with the matter to approach the Family Court and or any other appropriate Court / Courts / Forum / Fora / Authority / Authorities may be preserved.

2.Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: 2/6

3.We make it clear that all the rights and contentions of the petitioner, her spouse and/or any other person concerned with the matter are preserved for any connected or collateral proceedings in the Family Court and/or any other Court / Courts / Forum / Fora / Authority / 3/6

Authorities which shall deal with the matter on its own merits and in accordance with law de hors the closure/withdrawal of captioned HCP. 4.Captioned HCP is disposed of as closed/withdrawn albeit preserving all the rights and contentions of the parties in the aforesaid manner.

(M.S.,J.) (R.S.V.,J.) 30.10.2023 Index : Yes/No ps 4/6

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

2.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

3.The Inspector of Police, Peravurani Police Station, Thanjavur District.

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

5/6

M.SUNDAR, J., and R.SAKTHIVEL, J., ps 30.10.2023 6/6