Case Note & Summary
The matter before the Madurai Bench of Madras High Court was a Habeas Corpus Petition filed under Article 226 of the Constitution of India by Arthi Shyam, described as the husband of the detenue, seeking a writ of habeas corpus to direct respondents 1 and 2 to secure his wife, Maria Rose Monisha, aged 25 years, and produce her before the court and set her at liberty. The respondents were the Superintendent of Police, Thoothukudi District, and the Inspector of Police, Thoothukudi Central Police Station, Thoothukudi, in connection with Crime No.123 of 2025. The petition was numbered H.C.P(MD)No.489 of 2025 and came up for hearing on 29.04.2025 before a Division Bench comprising Dr. Justice G. Jayachandran and Ms. Justice R. Poornima. At the hearing, the learned counsel for the petitioner sought permission of the court to withdraw the Habeas Corpus Petition and made an endorsement to that effect. The Additional Public Prosecutor appeared for respondents 1 and 2. The court recorded the request and, in view thereof, dismissed the Habeas Corpus Petition as withdrawn. No substantive arguments were made on the merits of the alleged detention, and the court did not examine whether the detenue was in unlawful custody or whether any direction was necessary. The only procedural issue was whether the withdrawal should be permitted. The court allowed the withdrawal as a routine procedural step. Accordingly, the Habeas Corpus Petition was dismissed as withdrawn, and the court directed that the order be communicated to the respondents and the Additional Public Prosecutor. The legal principle, though not expressly stated, is that a petitioner in habeas corpus proceedings may withdraw the petition with the court's permission, and such withdrawal results in dismissal without adjudication on merits. The judgment is a short order of two paragraphs, recorded on 29.04.2025, and uploaded on 03.06.2025. No citations or precedents were referred to in the order.
Headnote
A) Constitutional Law - Habeas Corpus - Withdrawal of Petition - Constitution of India, 1950, Article 226 - The petitioner sought direction to produce his wife before court; learned counsel later sought permission to withdraw the petition and made an endorsement. The court allowed the withdrawal and dismissed the Habeas Corpus Petition as withdrawn. Held that upon counsel's endorsement seeking withdrawal, the petition is dismissed as withdrawn without adjudication on merits (Paras 1-2).
Issue of Consideration
Whether the Habeas Corpus Petition should be dismissed as withdrawn upon the petitioner's endorsement
Final Decision
The Habeas Corpus Petition was dismissed as withdrawn in view of the endorsement made by the learned counsel for the petitioner.
Law Points
- Habeas Corpus petition may be withdrawn with permission of court
- dismissal as withdrawn upon endorsement by counsel
