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Madras High CourtHCP(MD)/1322/2023withdrawn dismissed

Indira v. The Superintendent Of Police

2023-11-02Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.(MD)No.1322 of 2023 Indira : Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 herein to produce the person or body of the detenu by name Vijayakumar, S/o.Murugesan, Male, aged 27 years before this Hon'ble Court and set him at liberty.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.R.Meenakshi Sundaram, Addl. Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, Mr.D.S.Haroon Rasheed, learned counsel on record for HCP petitioner faced with the situation that in-laws of the petitioner have not been arrayed as co-respondents, sought leave to withdraw the captioned HCP but made a plea to preserve all the rights and contentions of the petitioner to come up with the similar /same prayer if the need arises. It is also open to the petitioner to file any other suitable petition before an appropriate Court/ s / Forum/ Fora/ Authority/ Authorities. If that is done, the Court/ s/ Forum /Fora /Authority /Authorities shall deal with the matter on its own merits and in accordance with law untrammelled by the closure of captioned HCP.

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

3. In the light of the narrative thus far, captioned HCP is disposed of as withdrawn / closed albeit with the aforementioned observations and preservation of rights in the aforesaid manner. There shall be no order as to costs.

[M.S.,J.] & [R.S.V.,J.] 02.11.2023 Index : Yes/No vsm

M.SUNDAR, J.

and R.SAKTHIVEL, J.

vsm To 1.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.

2.The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

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

H.C.P.(MD)No.1322 of 2023 02.11.2023