Madras High Court
HCP(MD)/1880/2017 of D. FLORA, W/O. DEVASAGAYAM Vs THE SUPERINTENDENT OF POLICE, on 28 December 2017
BENCH OF MADRAS HIGH COURT DATED : 28.12.2017 CORAM: THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE H.C.P(MD)No.1880 of 2017 D.Flora .. Petitioner Vs. 1. The Superintendent of Police, O/o. The Superintendent of Police, Theni District, Theni. 2. The
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 28.12.2017CORAM:THE HONOURABLE MR.JUSTICE S.VAIDYANATHANandTHE HONOURABLE MR.JUSTICEABDUL QUDDHOSE
H.C.P(MD)No.1880 of 2017
D.Flora
.. Petitioner
Vs.
1. The Superintendent of Police, O/o. The Superintendent of Police, Theni District, Theni.
2. The Superintendent of Police, O/o. The Superintendent of Police Virudhunagar District, Virudhunagar.
3. The Inspector of Police, Odapatti Police Station, Theni District, Theni.
4. The Inspector of Police, Chinnamanoor Police Station, Theni District, Theni.
5. The Inspector of Police, Rajapalayam Police Station, Virudhunagar District, Virudhunagar.
.. Respondents
PRAYER: Petitionis filed under Article 226 of the Constitution ofIndia to issue a Writ of Habeas Corpus, directing the respondents1 to 5 to produce the person or body of the petitioner's sonnamely M.Shekar, S/o.D.Flora aged 52 year before this Hon'bleCourt hand over the custody to the petitioner.
For Petitioner
: Mr.T.Lajapathiroy
For Respondents
https://hcservices.ecourts.gov.in/hcservices/
: Mr.C.Ramesh,
Additional Public Prosecutor
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ORDER
[Order of the Court was made by S.VAIDYANATHAN, J.]
This Habeas Corpus Petition is filed by the petitionerseeking a direction to the respondents to produce the person orbody of the petitioner's son namely M.Shekar, S/o.D.Flora aged 52years before this Hon'ble Court and to hand over the custody tothe petitioner.
2. Today, when the Habeas Corpus Petition was taken up forconsideration, the learned Additional Public Prosecutor for therespondents submitted that the detenu was arrested in connectionwith a criminal case in Cr.No.403 of 2017 under Sections 457 & 511IPC, on the file of Rajapalayam South Police Station and producedbefore the concerned learned Judicial Magistrate and remanded tojudicial custody.
3. In view of the above, since the detenu is not in illegalcustody, nothing survives for adjudication in the Habeas CorpusPetition. Hence, the Habeas Corpus Petition is dismissed. Sd/-Assistant Registrar(CS-III)
/True Copy/
To
Sub Assistant Registrar
1. The Superintendent of Police, O/o. The Superintendent of Police, Theni District, Theni.
2. The Superintendent of Police, O/o. The Superintendent of Police Virudhunagar District, Virudhunagar.3. The Inspector of Police, Odapatti Police Station, Theni District, Theni.
4. The Inspector of Police, Chinnamanoor Police Station, Theni District,https://hcservices.ecourts.gov.in/hcservices/ Theni.
3
5. The Inspector of Police, Rajapalayam Police Station, Virudhunagar District, Virudhunagar. Rajapalayam Police Station, Virudhunagar District, Virudhunagar.
6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madura. Madurai Bench of Madras High Court, Madura.
SSL/GK
VB/SV/MMS/SAR1/11/01/2018/3P/7C
H.C.P(MD)No.1880 of 201728.12.2017