Rahimabee v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Rahimabee W/o.Babulal ..

Petitioner Vs.

State Rep. by 1.

The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George, Chennai-9.

2.

The Commissioner of Police Salem City.

3.

The Superintendent of Prison Central Prison, Salem.

4.

The Inspector of Police Annadanapatty Police Station Salem City.

.. Respondents Page Nos.1/4

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 C.M.P.No.99/Goonda/Salem City/2022 dated 30.08.2022 on the file of the Commissioner of Police, Salem City, the second responent herein and quash the same as illegal and direct the respondent to produce the detenu Kadhar Hussain, S/o.Babulal aged about 29 years, now confined at Central Prison, Salem before this Hon'ble Court and set him at liberty. For Petitioner :

Ms.S.Sengkodi 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.,] Ms.S.Sengkodi, 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 Learned counsel on both sides submit that the impugned preventive detention order has since been revoked (Advisory Board) vide proceedings dated 06.10.2022 bearing reference G.O.Rt.No.6597 Home, Prohibition and Excise (XIV) Department.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.) 27.03.2023 Index : Yes / No Speaking / Non-speaking mk To 1.

The Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St.George, Chennai-9.

2.

The Commissioner of Police Salem City.

3.

The Superintendent of Prison Central Prison, Salem.

4.

The Inspector of Police Annadanapatty Police Station Salem City.

5.

The Public Prosecutor High Court, Madras.

Page Nos.3/4

M.SUNDAR, J., and M.NIRMAL KUMAR, J., mk 27.03.2023 Page Nos.4/4