Divya v. Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Divya .. Petitioner Vs

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

2. The Commissioner of Police, Greater Chennai.

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66.

4. The Inspector of Police (L & O), T-4, Maduravoyal Police Station, Chennai.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records in connection with the order of Detention passed by the second respondent dated 30.07.2022 in Memo No.228/BCDFGISSSV/2022 against the petitioner's husband Jaideep, male, aged 35 years, son of Jayachandran, who is confined at Central Prison, Puzhal,Chennai and Page Nos.1/4

set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner :

Mr.S.Senthilvel 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.S.Senthilvel, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 17.09.2022 bearing reference G.O.Rt.No.6044 Home, Prohibition and Excise (XIII) Department.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.) 14.03.2023 Index : Yes / No mmi To

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

2. The Commissioner of Police, Greater Chennai.

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai - 66.

4. The Inspector of Police (L & O), T-4, Maduravoyal Police Station, Chennai.

5.The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mmi 14.03.2023 Page Nos.4/4