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Madras High CourtHCP/1699/2022closed

Mubeena v. The State Represented

2023-03-13Honourable Mr Justice M. Sundar,Honourable Mr Justice M. Nirmal Kumar4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Mubeena, W/o.B.Rasheed.

.. Petitioner Vs.

1.The State Represented By its Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police/Detaining Authority, Coimbatore City, Coimbatore District.

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

4.The Inspector of Police, D-3 Podhnur Police Station, Coimbatore.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records leading to the Page Nos.1/4

detention of the petitioner's husband namely B.Rasheed @ Bekky, son of Basheer, aged about 33 years under Act/1982 vide detention order dated 29.7.2022 on the file of the second respondent made in proceedings in C.No.46/G/IS/2022, quash the same, consequently direct the respondents herein to produce the body and person of B.Rasheed @ Bekky, son of Basheer, aged about 33 years, who is lodged at Central Prison, Coimbatore before this Court, set him at liberty.

For Petitioner :

Mr.C.D.Sugumar For Respondents :

Mr.E.Raj Thilak, Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] Mr.C.D.Sugumar, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 17.09.2022 bearing reference G.O.Rt.No.6058 Home, Prohibition and Excise (XII) Department.

Page Nos.2/4

3. In the light of the undisputed position, common submission is 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.) 13.03.2023 Index : Yes / No Speaking / Non-speaking cse To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Commissioner of Police/Detaining Authority, Coimbatore City, Coimbatore District.

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

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M.SUNDAR, J., and M.NIRMAL KUMAR, J., cse 4.The Inspector of Police, D-3 Podhnur Police Station, Coimbatore.

5.The Public Prosecutor High Court, Madras.

13.03.2023 Page Nos.4/4