Disposed

Sudarshan v. the Commissioner of Police

Madras HC7 Jan 2021HCP/2069/2020

Case brief

AI extract

What is this about?

In a habeas corpus petition seeking custody of two minor children, the petitioners alleged illegal custody by the seventh respondent. The court recorded the production of the children by the police, who stated they were living with the mother, and closed the petition with liberty to approach competent authorities.

What did the court decide?

Habeas corpus petition closed with liberty to the petitioner to workout the remedy in the manner known to law.

Sudarshan Vs the Commissioner of Police — Child Custody and Guardianship | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.01.2021

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Coram The Hon'ble Mr. Justice P.N.PRAKASH and The Hon'ble Mr. Justice V.SIVAGNANAM

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H.C.P. No. 2069 of 2020

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Sudarshan .. Petitioner Vs. State of Tamilnadu rep by 1.The Commissioner of Police, Greater Chennai Commissionerate, Vepery, Chennai – 600 007. 2.The Deputy Commissioner of Police, H-5, New Washermenpet Police Station Campus, Chennai 600 081. 3.The Assistant Commissioner of Police, N-1, Royapuram Police Station Campus, Royapuram, Chennai - 600 013. 4.The Inspector of Police (L&O), N-1, Royapuram Police Station, Royapuram, Chennai - 600 013. 5.The Inspector of Police, W-15 All Woman Police Station, Royapuram, Chennai – 600 013. 6.The Inspector of Police, Robertsonpet Police Station, Kolar Gold Fields, Kolar – 563117, Karnataka. 7.Sudha .. Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus directing the respondents to produce the petitioner's children (i) Parishith, S/o.Sudarshan, aged about 11 years and (ii) Rohan, S/o.Sudarshan, aged about 8 years and hand over the custody to the petitioner herein.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner .. Mr.C.Mohanakrishnan For Respondents .. Mr.R.Prathap Kumar Addl. Public Prosecutor for R1 to R5

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Ms.S.Mahalakshmi for R7

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ORDER

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[Order of the Court was made by P.N.PRAKASH, J.]

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Seeking a direction to issue a writ of habeas corpus to the respondents to produce the petitioner's children and to hand over the custody to the petitioner herein, the present habeas corpus petition has been filed.

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It is the case of the petitioner that his two children (i) Parishith, S/o.Sudarshan, aged about 11 years and (ii) Rohan, S/o.Sudarshan, aged about 8 years are in the illegal custody of the seventh respondent and that the police are not taking any effective steps to secure them.

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Today, Ms.R.Manimekalai, Inspector of Police, W15 All Women Police Station, Royapuram, is present. The police have produced Sudha, the seventh respondent herein and the two children.

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When enquired, Sudha has stated that she is living at No.1170, 5^th Cross Road, Pipe Line, Robertsonpet, K.G.F(Kolar Gold Field), Bangalore, Karnataka – 563 122 along with the two children and that she is not in the illegal custody of any one.

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In view of the above, this habeas corpus petition is closed with liberty to the petitioner to workout the remedy in the manner known to law.

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Assistant Registrar(CS II)

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//True Copy//

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Sub Assistant Registrar

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ssm

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1.The Commissioner of Police, Greater Chennai Commissionerate, Vepery, Chennai – 600 007.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The Deputy Commissioner of Police,
H-5, New Washermenpet Police Station Campus,
Chennai 600 081.
3.The Assistant Commissioner of Police,
N-1, Royapuram Police Station Campus,
Royapuram, Chennai - 600 013.
4.The Inspector of Police (L&O),
N-1, Royapuram Police Station,
Royapuram, Chennai - 600 013.
5.The Inspector of Police,
W-15 All Woman Police Station,
Royapuram, Chennai – 600 013.
6.The Inspector of Police,
Robertsonpet Police Station,
Kolar Gold Fields,
Kolar – 563117,
Karnataka.
7.The Public Prosecutor,
High Court, Madras.
+1cc to M/s.S.Mahalakshmi , Advocate SR.No. 1174,
+1cc to Mr.C.Mohanakrishnan , Advocate SR.No. 1444
H.C.P. No. 2069 of 2020
A.SK(03.02.2021).

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https://hcservices.ecourts.gov.in/hcservices/

Sudarshan v. the Commissioner of Police

Case brief

What is this about?

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Sudarshan v. the Commissioner of Police

Case brief

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