Madras High Court Dismisses Petitioner in Habeas Corpus Petition as Withdrawn. Withdrawal request by counsel for the detenue's husband led to dismissal of the petition under Article 226 of the Constitution of India without adjudication on merits.

High Court: Madras High Court Bench: Madurai
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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 The court recorded the request and, in view thereof, dismissed the Habeas Corpus Petition as withdrawn.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 Accordingly, the Habeas Corpus Petition was dismissed as withdrawn, and the court directed that the order be communicated to the respondents and the Additional Public Prosecutor.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).

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Issue of Consideration

Whether the Habeas Corpus Petition should be dismissed as withdrawn upon the petitioner's endorsement

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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
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Case Details

2025 LawText (MAD) (04) 40

H.C.P(MD)No.489 of 2025

2025-04-29

Dr. Justice G. Jayachandran, Ms. Justice R. Poornima

Mr. M. Manokumar, Mr. E. Antony Sahaya Prabahar

Arthi Shyam

The Superintendent of Police, Thoothukudi District, Thoothukudi; The Inspector of Police, Thoothukudi Central Police Station, Thoothukudi

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Nature of Litigation

Habeas Corpus Petition under Article 226 of the Constitution of India seeking production of petitioner's wife (detenue) before court and setting her at liberty.

Remedy Sought

The petitioner sought a direction to 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.

Filing Reason

The petitioner filed the Habeas Corpus Petition to secure his wife and produce her before the court, as per the prayer in the petition.

Issues

Whether the Habeas Corpus Petition should be dismissed as withdrawn upon the petitioner's endorsement.

Submissions/Arguments

The learned counsel for the petitioner sought permission to withdraw the Habeas Corpus Petition and made an endorsement to that effect.

Ratio Decidendi

A habeas corpus petition may be withdrawn with permission of the court; upon endorsement by counsel, the petition is dismissed as withdrawn without adjudication on merits.

Judgment Excerpts

The learned counsel for the Petitioner seeks permission of this Court to withdraw this Habeas Corpus Petition and has also made an endorsement to that effect. In view of the same, the Habeas Corpus Petition is dismissed as withdrawn.

Procedural History

The petitioner filed H.C.P(MD)No.489 of 2025 under Article 226 of the Constitution of India before the Madurai Bench of Madras High Court. On 29.04.2025, the learned counsel for the petitioner sought permission to withdraw the petition and made an endorsement. The court dismissed the petition as withdrawn.

Acts & Sections

  • Constitution of India, 1950: Article 226
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