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Madras High CourtHCP/1204/2024dismissed as infructuous

Gomathi v. State Of Tamil Nadu, Rep. By

2024-08-02Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Gomathi .. Petitioner/ wife of detenu

Versus

1. State of Tamil Nadu, rep. by The Principal Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St. George, Chennai - 600 009.

2. The District Magistrate/District Collector, Tiruppur District,

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

4. The Inspector of Police, Kangeyam Police Station, .. 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 entire records pertaining to the detention order passed by the 2nd 1/5

respondent in detention order in Cr.M.P.No.30/GOONDA/2024 dated 25.04.2024 and set aside the same as illegal and direct the respondents to produce the body or person of the petitioner's husband namely Arun @ Arunmozhidevan, S/o.Anbalagan, male, aged about 33 years, who is detained in Central Prison, Coimbatore before this Court and set him at liberty.

For Petitioner : Mr.A.Joel Paul Antony 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 detenu viz., Arun @ Arunmozhidevan, S/o.Anbalagan, now confined at Central Prison, Coimbatore, has come forward with this petition challenging the detention order passed by the second respondent, dated 25.04.2024 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].

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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that the order of detention passed by the second respondent as against the petitioner's husband, dated 25.04.2024 has been revoked by the Government in G.O.Rt.No.3451, Home, Prohibition and Excise (XII) Department, dated 03.06.2024 and he has also produced a copy of the said order.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] 02.08.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

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

2. The District Magistrate/District Collector, Tiruppur District, 3/5

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

4. The Inspector of Police, Kangeyam Police Station,

5. The Public Prosecutor, High Court of Madras.

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M.S.RAMESH, J.

AND SUNDER MOHAN, J.

grs 02.08.2024 5/5