Megala v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2016

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.895 of 2016 Megala ... Petitioner vs.

1.The State of Tamil Nadu, rep.by its Secretary to Government(Home), Prohibition and Excise Department, Secretariat, Chennai-600 009 2.The Commissioner of Police, Chennai Police, Office of the Commissioner of Police, Vepery, Chennai-600 007 ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to call for the entire records leading to the detention of petitioner's son, who has been detained as Goonda at Central Prison, Puzhal by the 2nd respondent vide his Memo No.360/BCDFGISSV/2016, dated 29.03.2016, and quash the same as illegal and consequently direct the respondents one and two to produce the body of the detenu Shakthivel @ Vadakarai Shakthi, son of Sundaraj, aged about 46 years, from the Central Prison, Puzhal, before this Court and set him at liberty.

For Petitioner : No appearance For Respondents :Mr.V.M.R.Rajentren,A.P.P.

ORDER

(Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to call for the records relating to detention order, dated 29.03.2016, passed in Memo No.360/BCDFGISSSV/2016, by the detaining authority, who has been arrayed as second respondent herein, against the detenu, by name Shakthivel @ Vadakarai Shakthi, son of Sundaraj, and quash the same.

2. The Inspector of Police, Redhills Police Station, as sponsoring authority, has submitted an affidavit to the detaining authority, wherein it is averred that the detenu has involved in the following adverse cases:

(1) M-4, Redhills Police Station Crime No.273 of 2014, registered under Sections 341, 384, 506(ii) of the Indian Penal Code.

(2) M-4, Redhills Police Station Crime No.1635 of 2015, registered under Sections 341, 397 and 506 (ii) of the Indian Penal Code.

3. Further, it is averred in the affidavit that on 26.2.2016, one Musthapa, son of Rafique, as defacto complainant, has lodged a complaint against the detenu, in Redhills Police Station and the same has been registered in Crime No.328 of 2016 under Sections 341, 294(b), 336, 427, 397, 307 read with 506(ii) of the Indian Penal Code, and ultimately prayed the detaining authority to invoke Act 14 of 1982 against the detenu.

4. The detaining authority, after considering the averments made in the affidavit and other connected documents, has derived subjective satisfaction to the effect that the detenu is a habitual offender and ultimately branded him as a 'Goonda', by way of passing the impugned detention order and in order to quash the same, the present petition has been filed by the wife of the detenu, as petitioner.

5. There is no representation on the side of the petitioner.

6.The learned Additional Public Prosecutor has represented that the detention order in question has already been revoked by virtue of G.O.Rt.No.2195, dated 18.5.2016, by the Government and a copy of the same has been submitted for the perusal of the Court and this Court has perused the same and found that the detention order in question has already been revoked by the Government and therefore, the relief sought in the petition has become infructuous.

In fine, this habeas corpus petition is dismissed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar msk

To 1.The Secretary to Government(Home), Prohibition and Excise Department, Secretariat, Chennai-600 009 2.The Commissioner of Police, Chennai Police, Office of the Commissioner of Police, Vepery, Chennai-600 007 3.The Superintendent of Police, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court, Madras.

H.C.P.No.895 of 2016 aa17/10/2016