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Madras High CourtHCP/957/2022closed

Haidhar Khan Babu v. State Rep By

2022-11-21Honourable Mr Justice P. N. Prakash,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2022 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MR. JUSTICE SUNDER MOHAN H.C.P.No.957 of 2022 Haidhar Khan Babu S/o.Mahaar Khan ... Petitioner Vs.

1.The State represented by its The Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Commissioner of Police/Detaining Authority, Office of the Commissioner of Police, Behind Amman Kalyana Mandapam, Athimara Thottam, Sirupooluvapatti, Tiruppur City, Tiruppur - 641 603.

3.The Superintendent of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore.

4.The Inspector of Police, Tiruppur South Police Station, Tiruppur City.

... Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus calling for the records in connection with the order of detention in C.No.28/G/IS/Tiruppur City/2022 dated 20.04.2022 on the file of the second respondent and set aside the same and direct the respondents herein to produce the petitioner's son/detenu, Mohamed Usub S/o.Haidhar Babu, aged about 39 years, now confined in Central Prison, Coimbatore, before this Court and set him at liberty. For Petitioner :

Ms.R.Subadra Devi For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor *****

O R D E R

[Made by P.N.PRAKASH, J.] The petitioner is the father of the detenu viz., Mohamed Usub S/o.Haidhar Babu, aged about 39 years. The detenue has been detained by the second respondent by his order in C.No.28/G/IS/Tiruppur City/2022 dated 20.04.2022, holding him to be a "Goonda", as contemplated under Section 2(f) of the Tamil Nadu Act, 14/1982. The said order is under challenge in this Habeas Corpus Petition.

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2. Learned Additional Public Prosecutor would submit that the detention order passed against the detenue in C.No.28/G/IS/Tiruppur City/2022 dated 20.04.2022, on the file of the second respondent is revoked vide G.O.Rt.No.3057, Home, Prohibition and Excise (XII) Department, dated 23.05.2022 and produced a copy of the said order. In view of the above, this petition is closed as it has become infructuous.

[PNP, J.] [SM, J.] 21.11.2022 Index: Yes/No gm To 1.The Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Commissioner of Police/Detaining Authority, Office of the Commissioner of Police, Behind Amman Kalyana Mandapam, Athimara Thottam, Sirupooluvapatti, Tiruppur City, Tiruppur - 641 603.

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P.N.PRAKASH, J.

and SUNDER MOHAN, J.

gm 3.The Superintendent of Prison, Central Prison at Coimbatore, Gandhipuram, Coimbatore.

4.The Inspector of Police, Tiruppur South Police Station, Tiruppur City.

5.The Inspector of Police, M-8, Sathangadu Police Station, Chennai.

6.The Joint Secretary to Government of Tamil Nadu, Public, Law and Order Department, Secretariat, Chennai - 9.

7.The Public Prosecutor, High Court, Madras.

H.C.P.No.957 of 2022 21.11.2022 4/4