Case Note & Summary
The petitioner, the wife of the detenu, filed a habeas corpus petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court. The petition sought a direction to the Commissioner of Police, Madurai City, and the Inspector of Police, Annanagar Police Station, to produce her husband, Mohammed Arif, aged 25 years, and set him at liberty. The prayer referenced dates of 20.09.2024 and 5.1.2025, presumably the filing dates. The case came up for hearing on 05.02.2025 before a division bench comprising Dr. Justice G. Jayachandran and Justice R. Poornima. At the hearing, counsel for the petitioner informed the court that the petitioner wished to withdraw the habeas corpus petition and had made an endorsement to that effect. The court recorded the submission and, in view of the withdrawal request, dismissed the petition as withdrawn. No arguments were advanced on the merits of the illegal detention claim, and the court did not examine any factual or legal issues. The order is a straightforward dismissal upon withdrawal without any directions or observations. There is no ratio decidendi as the case was not adjudicated. The private respondents (3 to 5) were not represented by counsel, and the state respondents were represented by the Additional Public Prosecutor.
Headnote
A) Constitutional Law - Habeas Corpus - Withdrawal - Constitution of India, Article 226 - The habeas corpus petition was filed seeking production of the detenu, Mohammed Arif, alleging illegal detention. On the date of hearing, the petitioner's counsel sought permission to withdraw the petition and made an endorsement to that effect. The court dismissed the petition as withdrawn. No adjudication on merits occurred. (Paras 1-2).
Issue of Consideration
H.C.P(MD)No.162 of 2025
Final Decision
The Habeas Corpus Petition is dismissed as withdrawn.
Law Points
- Habeas corpus petition dismissed as withdrawn
- no legal principles adjudicated
