In a habeas corpus petition seeking parole for the petitioner's son, the petitioner requested leave to withdraw the petition to file a fresh one on a different cause of action. The court allowed the withdrawal and dismissed the petition as withdrawn.
Leave to withdraw the petition was granted; the petition is dismissed as withdrawn. Liberty is granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
H.C.P.No.617/2019
Saraswathi .. Petitioner
vs.
1.The Home Secretary
Home Department
Secretariat, Fort St.George
Chennai.
2.Additional Director General of Police [Prison]
Whannels Road, Egmore, Chennai 600 008.
3.The Superintendent of Prison
Central Prison, Cuddalore. .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to grant parole for thirty days to the petitioner's son namely Chellappa son of Pitchaikannu [convict prisoner No.13425] aged 36 years now confined in the Central Prison, Cuddalore, before this Court and further directing the respondents to consider him immediately for the parole and for consequential orders.
For Petitioner .. Mr. Saravanakumar
For Respondents.. Mr.C.Iyyappa Raj, APP
ORDER (Order of the Court was made by M.SATHYANARAYANAN, J)
After some arguments, the learned counsel for the petitioner prays for leave of this Court to withdraw this petition and file a fresh Habeas Corpus Petition on a different cause of action for the reason that the 2nd daughter of the detenu has attained puberty and he has to necessarily be present in the said occasion. Learned counsel has also made an
endorsement in the petition to that effect.
2 In the light of the submission and endorsement made by the learned counsel for the petitioner, this Habeas Corpus Petition stands dismissed as withdrawn. Liberty sought for by the petitioner, is granted. Sd/Assistant Registrar (CJ Conf) //True Copy//
Sub Assistant Registrar
AP
To
1.The Home Secretary
Home Department
Secretariat, Fort St.George
Chennai.
2.Additional Director General of Police [Prison]
Whannels Road, Egmore, Chennai 600 008.
3.The Superintendent of Prison
Central Prison, Cuddalore.
4.The Public Prosecutor,
Madras High Court, Madras.
+1cc to Mr.K.Amirthalingam, Advocate, S.R.No. 40425
H.C.P.No.617/2019
KJ(CO)
GN(04/06/2019)
1 issue framed by the court
Whether to allow the petitioner to withdraw the habeas corpus petition and file a fresh one.
1 provisions across 1 enactments
Saraswathi
The Home Secretary
Additional Director General of Police [Prison]
The Superintendent of Prison
M.Sathyasanarayanan
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
