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Madras High CourtHCP/30/2019withdrawn dismissed

B.Mubeena v. The Secretary To Government Of Tamilnadu

2019-04-12Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.04.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR HCP.No.30 of 2019 B.Mubeena

...Petitioner

Versus

State rep by.

1.The Secretary to Government Home Department, Fort.St.George, Chennai 600 009.

2.The Additional Director General of Police, Egmore, Chennai 600 008.

3.The Superintendent, Central Prison, Kovai.

...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 release the life convict prisoner the detenue, S.A.Basha, S/o.Abdhul Rehman, aged about 78 year, Convict No.3244 prematurely as per the G.O.(Ms.).No.64, dated 01.02.2018, the detenue, detained at Central Prison, Kovai-18.

For Petitioner :

Dr.S.Manoharan For Respondents:

Mr.C.Iyyappa Raj Additional Public Prosecutor

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] It is represented by Dr.S.Manoharan, learned counsel for the petitioner on instructions that seeking premature release, in terms of Government Order in G.O.Ms.No.64 of Home (Prison-IV) https://hcservices.ecourts.gov.in/hcservices/

Department, dated 01.02.2018, by filing this Habeas Corpus Petition, came to be rejected vide proceeding in G.O.(D).No.296, Home (Prison-IV) Department, dated 18.03.2019 and seeks permission of this Court to withdraw this Habeas Corpus Petition with a liberty to challenge the said order and he has also made an endorsement to that effect.

2. Heard the submission of Mr.C.Iyyapparaj, learned Additional Public Prosecutor appearing for the State also.

3. In the light of the above said development, nothing remains for further adjudication in this Habeas Corpus Petition and accordingly, the same stands dismissed as withdrawn and however, the petitioner is at liberty to challenge the order of rejection dated 18.03.2019, in accordance with law before the competent forum.

sk Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To

1. The Secretary to Government of Tamil Nadu, Home Department, Fort.St.George, Chennai 600 009.

2. The Additional Director General of Police, Egmore, Chennai 600 008.

3. The Superintendent, Central Prison, Kovai.

4. The Public Prosecutor High Court, Madras.

HCP.No.30 of 2019 Kak(28/06/2019) https://hcservices.ecourts.gov.in/hcservices/