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Madras High CourtCRL MP/3095/2023dismissed

Yasodha v. The Addl. Chief Secretary To Government

2023-03-20Honourable Mr Justice M. Sundar,Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.M.P.No.3095 of 2023 Crl.M.P.No.3095 of 2023 in HCP No.2224 of 2022 M.SUNDAR, J.

and N.ANAND VENKATESH, J.

(Order of the Court was made by N.ANAND VENKATESH,J.,) When the matter was taken up for hearing on 06.03.2023, this Court passed the following order:

'Mr.K.Subburaj, learned counsel on record for petitioner submits that the captioned criminal miscellaneous petition to fix an early date has been filed on the ground that the petitioner, who is wife of detenu has given birth to a baby and learned counsel is unable to give the date of birth of the baby. The preventive detention order has been passed on 13.09.2022. Learned counsel for the petitioner requests for a short accommodation to produce a copy of Birth Certificate. Request acceded to.

2. List a fortnight hence. List on 20.03.2023.' Page Nos.1/2 https://www.mhc.tn.gov.in/judis

Crl.M.P.No.3095 of 2023 M.SUNDAR, J.

and N.ANAND VENKATESH, J.

mk

2. Today, when the matter was taken up for hearing, learned counsel on record for the petitioner produced the Date of Birth Certificates. The Date of Birth Certificates reveal that the first child was born on 04.07.2019 and second child was born on 16.03.2022 but however, the detention order has been passed much later on 13.09.2022. Hence, we do not find any ground to entertain the present criminal miscellaneous petition seeking to fix an early date for disposal of habeas corpus petition.

3. Accordingly, this Criminal Miscellaneous Petition is dismissed.

4. Post the Habeas Corpus Petition in its usual course. [M.S.,J.] [N.A.V.,J.] 20.03.2023 mk Crl.M.P.No.3095 of 2023 in HCP No.2224 of 2022 Page Nos.2/2 https://www.mhc.tn.gov.in/judis