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Madras High CourtHCP/516/2018closed

Mrs.S.Sandhiya, Female, Aged v. The State Rep By Its

2018-08-06Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.516 of 2018 Mrs.S.Sandiya ... Petitioner -Vs1.The State Represented by its Secretary, Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai-600 007.

3.The State, rep. By its Inspector of Police, J-3, Guindy Police Station, Chennai district.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records of the Second Respondent in BCDFGISSSV.No:93/2018 dated 20.02.2018 and quash the same and thereby direct the Respondents to produce the Husband of the Petitioner/the detenu namely Thiru.Sathish @ Sathish Kumar, S/o Viswanathan, aged about 32 years, who is now detained at Central Prison, Puzhal, Chennai before this Hon'ble Court set him at liberty. For Petitioner : Mr.M.Ravikumar.

For Respondents: Mr. M.Mohamed Riyaz Additional Public Prosecutor ***

ORDER

[Order of the Court was made by C.T.SELVAM, J.] The petitioner, who is the wife of the detenu herein, viz., Sathish @ SathishKumar, son of Viswanathan, aged 32 years, has come forward with this petition challenging the detention order passed by the second respondent by his order in BCDFGISSV.No.93/2018, dated 20.02.2018 against her husband branding him as a "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand 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order of detention passed by the second respondent as against the husband of the petitioner herein dated 20.02.2018 has been revoked by the Government in G.O.Rt.No.1237, Home, Prohibition & Excise [X] Department dated 02.04.2018 and he has also produced a copy of the said order.

3. Recording the submission of learned Additional Public Prosecutor, this Habeas Corpus Petition is closed as the same has become infructuous.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar tta/kmi To 1.The Secretary, Government of Tamilnadu, Home, Prohibition and Excise Department, Fort St.George, Chennai-600 009.

2.The Commissioner of Police, Greater Chennai, Office of the Commissioner of Police, Vepery, Chennai-600 007.

3.The State, rep. By its Inspector of Police, J-3, Guindy Police Station, Chennai district 4.The Public Prosecutor, High Court, Madras.

H.C.P.No.516 of 2018 rk(co) nr 05/09/2018