R.Shereena v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.(MD)No.1539 of 2023 R.Shereena : Petitioner Vs.

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

2.The Inspector of Police, Karungal Police Station, Kanniyakumari District.

(Crime No.325 of 2023).

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, directing the first and second respondents to produce the body or person of detenu by name R.S.Akashaya Mol, D/o.Rajan, aged about 16 years before this Court and hand over her custody to the petitioner.

For Petitioner : Mr.S.S.Sundarapandian For Respondents 1&2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

*********** [Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, Mr.S.S.Sundarapandian, learned Counsel on record for the HCP petitioner sought leave of this Court to withdraw the captioned HCP. Learned Counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

2.Learned Counsel sought leave of this Court to preserve all the rights and contentions of the HCP petitioner and / or anyone concerned for the petitioner's daughter [HCP petitioner's daughter

shall hereinafter be referred to as 'absentee' for the sake of convenience] to approach the appropriate Court if there is inordinate delay qua FIR Crime No.325 of 2023 dated 09.11.2023 [Girl Missing] on the file of Karungal Police Station, Kanniyakumari District. Request acceded to.

3.We make it clear that the rights and contentions of the petitioner and / or anyone concerned for the absentee are preserved for coming to this Court with similar / same prayer, if there are any change of circumstances.

4.In the light of the narrative thus far, captioned HCP is disposed as closed / withdrawn albeit with the preservation of rights and contentions of the petitioner and / or anyone concerned for the absentee in the aforesaid manner.

[M.S.,J.] & [R.S.V.,J.] 11.12.2023 Index : Yes/No Internet : Yes/No MR

To 1.The Superintendent of Police, Office of the Superintendent of Police, Kanniyakumari District.

2.The Inspector of Police, Karungal Police Station, Kanniyakumari District.

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.1539 of 2023 11.12.2023