S.Ramkumar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.(MD)No.1397 of 2023 S.Ramkumar : Petitioner Vs.
1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Tiruchendur Temple Police Station, Tiruchendur.
: 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 to secure and produce the body or person of the detenue petitioner's elder father namely Kaliyamurthy S/o. Subaian, aged about 75 years from illegal custody and set him at liberty.
For Petitioner : Mr.G.Sakthi Rao 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, Mr.G.Sakthi Rao, learned Counsel on record sought leave of this Court to withdraw the captioned 'Habeas Corpus Petition' ['HCP' for the sake brevity] as there is no averment pertaining to illegal detention with specificity. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
2.Be that as it may, learned counsel for petitioner made a request to preserve all the rights of the petitioner and / or any one concerned for the petitioner's elder father to file a suitable petition in an appropriate Court. Request acceded to. It is made clear that if appropriate Court/s/Forum/Fora/Authority/Authorities are moved, the same shall consider the matter on its own merits and in accordance with law dehors the closure / withdrawal of captioned HCP.
3.Captioned HCP is disposed of as closed / withdrawn. If there is any change of circumstances, it is open to the petitioner and / or any one concerned for petitioner's elder father to come to this Court with the same / similar prayer. There shall be no order as to costs. [M.S.,J.] & [R.S.V.,J.] 16.11.2023 Index : Yes/No Internet : Yes/No MR To 1.The Commissioner of Police, Madurai.
2.The Inspector of Police, Koodalpudur Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.SUNDAR, J.
and R.SAKTHIVEL, J.
MR ORDER MADE IN H.C.P.(MD)No.1397 of 2023 16.11.2023