Sainaba v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Sainaba .. Petitioner Vs 1.State of Tamil Nadu rep. By its Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.

2.The Commissioner of Police, Coimbatore City, Coimbatore.

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

4.The Inspector of Police, D3 Podanur Police Station, Coimbatore City.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the entire records of the second respondent in his proceedings C.No.47/G/IS/2022 dated 29.07.2022 to quash the same and Page Nos.1/4

consequently direct the respondents to produce petitioner's son (A.Sharukhan aged 25 years S/o Abdul Farook) before this Court, now confined in Central Prison, Coimbatore and set the detenu at liberty forthwith.

For Petitioner :

Mr.N.Chinnaraj For Respondents :

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

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Mr.N.Chinnaraj, learned counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for respondents 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 17.09.2022 bearing reference G.O.Rt.No.6060 Home, Prohibition and Excise (XII) Department.

3. In the light of the undisputed position, common submission is made that nothing survives in the captioned habeas corpus petition. Page Nos.2/4

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.) 05.04.2023 Index : Yes / No mmi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai - 9.

2.The Commissioner of Police, Coimbatore City, Coimbatore.

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

4.The Inspector of Police, D3 Podanur Police Station, Coimbatore City.

5.The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 05.04.2023 Page Nos.4/4