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Madras High CourtHCP/435/2020dismissed as infructuous

Sadhu v. The State Of Tamil Nadu

2020-09-04Honourable Mr Justice N. Kirubakaran,Honourable Ms.Justice V.M.Velumani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P.No.435 of 2020 Sadhu

...Petitioner/

Father of the Detenue Vs 1.The State of Tamil Nadu, represented by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records of the detention made in Memo No.55/B.C.D.F.G.I.S.S.S.V./2020 dated 30.01.2020 passed by the Commissioner of Police, Greater Chennai, Vepery, Chennai - 7, the second respondent herein and set aside the same and direct the respondents to produce the detenu before this Court and set the detenu Thiru Prem Karthik @ Prem, S/o.Sadhu, aged 38 years now confined in Central Prison, Puzhal II, Chennai and set him at liberty.

For Petitioner : Mr.R.Balakrishnan.

For Respondents: Mr.R.Prathap Kumar, Additional Public Prosecutor.

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference". https://hcservices.ecourts.gov.in/hcservices/

2.The Petitioner challenges the impugned order of detention in Memo No.55/B.C.D.F.G.I.S.S.S.V./2020 dated 30.01.2020 detaining his son as "Goonda", as contemplated under Section 2 (f) of the Tamil Nadu Act 14 of 1982.

3.The learned Additional Public Prosecutor reports that the order of detention passed against the detenu has been revoked by the Government by its order in G.O. Rt. No.1410, Home, Prohibition and Excise (X) Department, dated 16.03.2020 and he has also produced a copy of the Government Order. Recording the same, this Habeas Corpus Petition is dismissed as infructuous. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The State of Tamil Nadu, represented by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 9.

2. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7.

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

H.C.P.No.435 of 2020 VG-II(CO) RV(28/10/2020) https://hcservices.ecourts.gov.in/hcservices/