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Madras High CourtWP/12370/2024dismissed

Bonthala Venkata Gopinath v. The Home Secretary

2024-04-30Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Bonthala Venkata Gopinath ... Petitioner Vs.

1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Prison and Inspector General of Prison, Whannels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison - I (Convicted Prison), Puzhal, Chennai - 600 066.

4.The Superintendent of Prison, Central Prison, Nellore, Andhra Pradesh - 524 324, (At present C/O) ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 4th respondent to consider the representation dated 24.04.2024 and grant one month leave without escort to the detenu namely B.V.Jeevan Kumar, S/o.B.Venkateswarlu, now confined in Central Jail, Nellore, Andhra Pradesh.

For Petitioner : Mr.G.Murugendran For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor assisted by Mr.C.Aravind

ORDER

(Order of the Court was made by M.S.RAMESH, J.) When admittedly the prisoner is confined in the Central Jail of Nellore, Andhra Pradesh, the present prayer seeking for a direction to the fourth respondent to consider the representation and grant leave without escort to the prisoner, is without jurisdiction.

2. Hence, this Writ Petition stands dismissed with liberty to the petitioner to work out his remedy before the appropriate Court of law. No costs.

[M.S.R., J] [S.M., J] 30.04.2024 Index: Yes/No Sni To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009. 2.The Director General of Prison and Inspector General of Prison, Whannels Road, Egmore, Chennai - 600 008.

3.The Superintendent of Prison, Central Prison - I (Convicted Prison), Puzhal, Chennai - 600 066.

4.The Superintendent of Prison, Central Prison, Nellore, Andhra Pradesh - 524 324, (At present C/O) 5.The Public Prosecutor, High Court, Madras.

M.S.RAMESH, J.

and SUNDER MOHAN, J.

Sni 30.04.2024