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Madras High CourtHCP/2516/2015closed

Aarifa v. State Of Tamil Nadu

2016-03-14Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.3.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN and THE HONOURABLE MR.JUSTICE S.NAGAMUTHU H.C.P.No.2516 of 2015 Aarifa ..

Petitioner Vs.

1. State of Tamil Nadu rep by its Secretary to the Government Home Prohibition & Excise Department Secretariat, Chennai - 600 009

2. The Commissioner of Police Chennai Police, Vepery, Chennai .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the entire records relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 4.9.2015 on the file of the 2nd respondent herein made in proceedings No.868/BCDFGISSSV/2015 and quash the same as illegal and consequently direct the respondents herein to produce the said petitioner's husband namely Raja @ Raja Mohamed son of Khader Basha, aged 34 years, before this Court and set the petitioner's husband at liberty from detention, now the petitioner's husband detained at Central Prison - II, Puzhal, Chennai. For Petitioner : Mr.C.C.Chellappan For Respondents : Mr.A.N.Thambi Durai Addl. Public Prosecutor

O R D E R

[Order of the Court was made by M.JAICHANDREN, J.] The petitioner, who is the wife of the detenu, Raja @ Raja Mohamed, son of Khader Basha, aged about 34 years, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 4.9.2015 against her husband branding him as a "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug https://hcservices.ecourts.gov.in/hcservices/

Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982]. 2.The learned Additional Public Prosecutor would submit that the order of detention passed by the 2nd respondent as against the husband of the petitioner dated 4.9.2015 has been revoked by the Government in G.O.Rt. No.6768 , dated 28.10.2015, and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as infructuous. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. State of Tamil Nadu rep by its Secretary to the Government Home Prohibition & Excise Department Secretariat, Chennai - 600 009

2. The Commissioner of Police Chennai Police, Vepery, Chennai

3. The Superintendent, Central Prison II, Puzhal, Chennai.

4. The Public Prosecutor, High Court, Madras. gj(co) prk13/4 H.C.P.No.2516 of 2015 https://hcservices.ecourts.gov.in/hcservices/