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Madras High CourtHCP(MD)/1408/2023withdrawn dismissed

Sureshkumar v. The Superintendent Of Police

2023-11-17Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.(MD)No.1408 of 2023 Sureshkumar : Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Palani Taluk Police Station, Neikkarapatti, Palani Taluk, Dindigul 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 to produce the body or person of the detenue by name Sakthipriya, W/o.Sureshkumar, Female, aged about 31 years, who is the wife of the petitioner before this Hon'ble Court and set her at liberty.

For Petitioner : Ms.N.Vijayalakshmi for Mr.T.Indrachithu For Respondents : Mr.R.Meenakshi Sundaram, Addl. Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.] Inter alia as there is no averment pertaining to illegal detention, learned counsel for petitioner sought leave of this Court to withdraw the captioned 'Habeas Corpus Petition' ['HCP' for the sake brevity]. 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 wife 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 Captioned HPC is disposed of as closed / withdrawn.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 wife 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.] 17.11.2023 Index : Yes/No vsm

M.SUNDAR, J.

and R.SAKTHIVEL, J.

vsm To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Palani Taluk Police Station, Neikkarapatti, Palani Taluk, Dindigul District.

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

H.C.P.(MD)No.1408 of 2023 17.11.2023