Babay Tiwari,35 Yrs, v. State Of Tamilnadu Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2018

CORAM:

THE HON'BLE MR.JUSTICE M.VENUGOPAL AND THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.626 of 2018 Baby Tiwari .... Petitioner vs.

1.State of Tamil Nadu, rep.by the Secretary, Home Prohibition and Excise Department, Fort St.George, Chennai-600009 2.The Commissioner of Police, The Greater Chennai City, Vepery, Chennai-600 007 ... Respondents Prayer:Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to call for the records relating to the detention order in Memo No.151/BCDFGISSSV/2018, dated 15.03.2018 passed by the 2nd respondent under the Tamil Nadu Act 14 of 1982 and set aside the same and direct the respondent to produce the Petitioner's husband Brijeshkumar Tiwari@ Bablu, son of Bhagavan Tiwari, aged about 38 years the detenue, now confined in Central Prison, Puzhal, Chennai, before this Court and set the petitioner's husband Brijeshkumar Tiwario @ Bablu,son of Bhagavan Tiwari, aged about 38 years the detenue herein at liberty. For Petitioner : Mr.K.S.Kaviarasu For Respondents : Mr.R.Prathap Kumar, Additional Public Prosecutor

ORDER

(Order of the Court was made by M.VENUGOPAL,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to call for the records relating to detention order, dated 15.3.2018, passed in No.151/BCDFGISSSV/2018, by the detaining authority, who has

been arrayed as the second respondent herein, against the detenu, by name Brijeshkumar Tiwari @ Babu, aged 38 years, son of Bhagavan Tiwari, residing at No.13/16, Nallaiah Street, Nammalvarpet, Chennai-600 012, and quash the same. 2.It is represented by the Learned Additional Public Prosecutor that the detention order in question was revoked by the Government of Tamil Nadu, as per G.O.Rt.No.1579, Home, Prohibition & Excise (VX) Department, dated 23.04.2018, and that the Government had ordered for release of the Detenu, viz., Brijeshkumar Tiwari @ Bablu, aged 38 years, son of Bhagavan Tiwari, from detention. A copy of the said order is produced before this Court. On perusal of the said copy of the order, it is evident that the detention order in question was revoked.

3. Considering the aforesaid factual circumstances, the relief sought in the petition has become an infructuous one. In fine, this Habeas Corpus Petition is disposed of as an infructuous one.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Secretary, Home Prohibition and Excise Department, Fort St.George, Chennai-600009.

2.The Joint Secretary, Home (Prohibition and Excise) Department, Fort St. George, Chennai-9.

3.The Commissioner of Police, The Greater Chennai City, Vepery, Chennai-600 007 4.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.626 of 2018 gmI[co] srg 18/06/2018