N.Durga v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR N.Durga W/o.Naresh ..

Petitioner Vs.

1.

The Secretary to the Government Home Prohibition and Excise Department Secretariat, Fort St.George, Chennai-600 009.

2.

The Commissioner of Police Greater Chennai Office of the Commissioner of Police Vepery, Chennai.

3.

The Superintendent of Police Central Prison-II Puzhal, Chennai.

4.

The Inspector of Police F-2, Egmore Police Station Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying Page Nos.1/4

for issuance of a writ of habeas corpus to call for the records pertaining to the order of detention passed by the second respondent in his proceedings in No.205/BCDFGISSSV/2022 dated 22.07.2022 and quash the same as illegal and produce the detenu namely, Naresh, son of Rajendran, aged 27 years, now he is confined in Central Prison, Puzhal II, Chennai before this Hon'ble Court and set him at liberty.

For Petitioner :

Mr.C.Raja For Respondents :

Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John, Advocate

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.C.Raja, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor are before us.

2. Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 05.09.2022 bearing reference G.O.Rt.No.5753 Home, Prohibition and Excise (XIII) Department.

3. In the light of the undisputed position, common submission is Page Nos.2/4

made that nothing survives in the captioned habeas corpus petition.

4. Recording the above said submission, captioned Habeas Corpus Petition is disposed of as closed. There shall be no order as to costs. (M.S.,J.) (M.N.K.,J.) 06.03.2023 Index : Yes / No Speaking / Non-speaking mk To 1.

The Secretary to the Government Home Prohibition and Excise Department Secretariat, Fort St.George, Chennai-600 009.

2.

The Commissioner of Police Greater Chennai Office of the Commissioner of Police Vepery, Chennai.

3.

The Superintendent of Police Central Prison-II Puzhal, Chennai.

4.

The Inspector of Police F-2, Egmore Police Station Chennai.

5.

The Public Prosecutor High Court, Madras.

M.SUNDAR, J., and Page Nos.3/4

M.NIRMAL KUMAR, J., mk 06.03.2023 Page Nos.4/4