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Madras High CourtHCP/932/2024dismissed as infructuous

Divya v. State Of Tamilnadu, Rep. By

2024-07-22Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Divya .. Petitioner/ wife of the detenue

Versus

1. State of Tamilnadu, Rep. by the Additional Chief Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

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

3. The Inspector of Police, G-1, Vepery Police Station, Chennai.

4. The Superintendent of Prison, Central Prison, Vellore.

.. Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, calling for the records relating to the detention order in Memo 1/5

No.273/BCDFGISSSV/2024 dated 30.03.2024 passed by the 2nd respondent under the Tamilnadu Act 14 of 1982 and set aside the same and direct the respondent to produce the petitioner's husband Thiru.Manickam, S/o.Pachamuthu, aged about 28 years, the detenue, now confined in Central Prison, Vellore before this Court and set the petitioner's husband Thiru.Manickam, S/o.Pachamuthu, aged about 28 years the detenue herein at liberty.

For Petitioner : Mr.R.Muthukumar For Respondents : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner herein is the wife of the detenue viz., Manickam, S/o.Pachamuthu, now confined at Central Prison, Vellore, has come forward with this petition challenging the detention order passed by the second respondent, dated 30.03.2024 slapped on her husband, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act, 14 of 1982]. 2/5

2. The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the petitioner's husband, dated 30.03.2024 has been revoked by the Government in G.O.Rt.No.3049, Home, Prohibition and Excise (XIII) Department, dated 20.05.2024 and he has also produced a copy of the said order.

3. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as the same has become infructuous. [M.S.R., J] [S.M., J] 22.07.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Additional Chief Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai - 600 009.

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

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3. The Inspector of Police, G-1, Vepery Police Station, Chennai.

4. The Superintendent of Prison, Central Prison, Vellore.

M.S.RAMESH, J.

AND SUNDER MOHAN, J.

grs

5. The Public Prosecutor, High Court of Madras.

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