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Madras High CourtWP/2483/2019dismissed

Anees Unnisha v. The Deputy Inspector General Of Prision,

2019-02-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.2483 of 2019 Anees Unnisha ... Petitioner Vs.

1. The Deputy Inspector General of Prison, Prison Department, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Superintendent of Police, Central Prison, Puzhal - III, Chennai ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to property grant 15 days emergency leave to the husband of the petitioner Sathiq Basha S/o Saleem Basha presently held at Central Prison, Vellore, in order to save the life of my seriously ailing father in law.

For Petitioner : Mr.R.Rajan For Respondents: Mr. M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to issue a Writ of Mandamus directing the respondent to grant 15 days emergency leave to the husband of the petitioner Sathiq Basha S/o Saleem Basha presently held at Central Prison, Vellore, in order to save the life of my seriously ailing father in law.

2. It is seen the petitioner's husband was convicted by an order dated 24.07.2018 in C.C.No.45 of 2015 under NDPS Act by the learned Principal Special Judge, Chennai and sentenced to 10 years rigorous imprisonment and fine of Rs.10 lakhs. It is also seen that the husband of the petitioner filed appeal and it is pending before this Court. Therefore the petitioner has to approach the Appeal Court for seeking suspension of sentence or other as wishes by the petitioner. Therefore, this petition is not maintainable.

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

3. With the above observation, this writ petition is dismissed. No costs.

-s/d- Deputy Registrar True Copy Sub-Assistant Registrar lok To

1. The Deputy Inspector General of Prison, Prison Department, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Superintendent of Police, Central Prison, Puzhal - III, Chennai

3. The Additional Public Prosecutor, High Court of Madras.

+1 Cc to Mr.R.Rajan, Advocate sr 10621.

W.P.No.2483 of 2019 SP(14/02/2019) https://hcservices.ecourts.gov.in/hcservices/