Jansirani v. The Commissioner of Police

O R D E R [Order of the Court was made by M.SUNDAR, J.] When the matter was taken up, it came to light that there is no allegation of illegal detention or unlawful custody. It also came to light that this is a second episode. Earlier episode was concluded vide a habeas legal drill ie., vide order dated 29.09.2023 in H.C.P.(MD)No.1067 of 2023.

¶2We are informed by learned Additional Public Prosecutor, on instructions from the second respondent, that preliminary investigation does not reveal any trappings of illegal custody.

¶3Faced with the above situation, learned counsel sought leave to withdraw the captioned HCP but made a plea to preserve all the rights and contentions of the petitioner to come back to this Court or with a suitable petition before an appropriate Court/ s / Forum/ Fora/ Authority/ Authorities Request acceded to. Learned Counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

¶4In the light of the narrative thus far, captioned HCP is disposed of as withdrawn/closed albeit with the preservation of rights in the aforesaid manner and further observation that investigation shall go on in accordance with law. 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 Commissioner of Police, Madurai District.

2.The Inspector of Police, Keerathurai Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P.(MD)No.1324 of 2023

02.11.2023

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.1324 of 2023 Jansirani : Petitioner Vs. 1.The Commissioner of Police, Madurai District. 2.The Inspector of Police, Keerathurai Police Station, Madurai 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 petitioner's daughter namely Selva Maria Fathima, D/o.Raja, aged 17 years, before this Hon'ble Court and handover her custody to the petitioner. For Petitioner : Mr.P.Edin Brough For Respondents : Mr.R.Meenakshi Sundaram, Addl. Public Prosecutor