Jayakalyani v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2023 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Jayalakalyani

...Petitioner

Vs.

The State represented by...

1. The Home Secretary to Government (Prison IV), Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Director General of Police and Head of the Prisons, Prisons Head Quarters, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to conduct an enquiry in this matter and to take action against the 3rd respondent and other erring prison officials departmentally for their involvement in torturing the petitioner's husband an under-trial prisoner namely Sathishkumar S/o. Murugan confined in Central Prison II, Puzhal, Chennai.

For Petitioner :: M/s. D.Mario Johnson For Respondents :: Mr.E.Raj Thilak Additional Public Prosecutor Assisted by Mr.Aravind. C.

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to conduct an enquiry in this matter and to take action against the 3rd respondent and other erring prison officials departmentally for their involvement in torturing the petitioner's husband an under-trial prisoner, namely Sathishkumar S/o. Murugan confined in Central Prison II, Puzhal, Chennai."

2. Today, when the Writ Petition is taken up for hearing, the learned Additional Public Prosecutor, submitted that the detenu/remand prisoner, has already been acquitted. The learned counsel for the petitioner confirms the said fact and submitted that he is not pressing the prayer in the Writ Petition. His submission is placed on record.

3. In view of the above, the prayer sought for in the Writ Petition has become Infructuous and hence, the Writ Petition is Dismissed as Infructuous. Consequently, the connected Writ Miscellaneous Petitions are closed.

(S.S.S.R.,J.) (S.M.,J.) 28.11.2023 Index : yes/no dk

Copy to:-

1. The Home Secretary to Government (Prison IV), Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Director General of Police and Head of the Prisons, Prisons Head Quarters, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 600 066.

S.S.SUNDAR,J.

AND SUNDER MOHAN,J.

dk 28.11.2023