Madras High CourtHCP/1781/2019dismissed as infructuous

N.Saravanan v. Union Of India,

2019-11-06Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN H.C.P. No. 1781 of 2019 M.Saravanan ... Petitioner -vs1.Union of India rep. by Secretary, Ministry of Home Affairs, New Delhi.

2.Directorate General of Border Security Force (DIS & LIT Branch), 2nd Floor, Block No.10, CGO Complex, Lodhi Road, New Delhi - 110 003.

3.The Commandant, 123 Battalion, BSF Establishment Branch, Mawpat PO Shillong, District East Kasthi Hills, Meha.

4.State of Tamil Nadu, Secretary to Govt., (Home), Prohibition & Excise Dept., Chennai - 9.

5.Additional Director General of Police (Prisons), Whannels Road, Egmore, Chennai - 8.

6.Superintendent of Central Prison, O/o.Superintendent of Central Prison I, Puzhal I, Puzhal, Chennai - 66.

7.Superintendent of Central Prison, O/o. Superintendent of Central Prison, Trichy - 620 020.

... Respondents Petition filed under Article 226 of the Constitution of India to direct the first respondent to produce the body of the detenu N.Saravanan, S/o.Natesan, convict prisoner confined under the illegal custody of the 6th respondent and immediately set him at liberty in view of remission details vide No.15087/R2/2016 furnished by the 7th respondent dated 13.10.2018.

For Petitioner ..

Mr.S.Xavier Felix For Respondents ..

Mr.R.Prathap Kumar, Addl. Public Prosecutor for R4 to R7

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Seeking a direction to the first respondent to produce the body of the detenu N.Saravanan, S/o.Natesan, convict prisoner confined under the illegal custody of the 6th respondent and immediately set him at liberty in view of remission details vide No.15087/R2/2016 furnished by the 7th respondent dated 13.10.2018, the present habeas corpus petition has been filed. 2.The learned Additional Public Prosecutor by producing the copy of the communication sent by the Superintendent of Prison, Puzhal, Chennai in No.6824/R1/2019 dated 05.11.2019 to the Office of the Public Prosecutor submitted that the convict has been released on 05.11.2019 as the conviction has already been served.

3.In view of the above, the Habeas Corpus Petition is dismissed as infructuous.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Secretary to Government, Ministry of Home Affairs, New Delhi.

2.The Directorate General of Border Security Force (DIS & LIT Branch), 2nd Floor, Block No.10, CGO Complex, Lodhi Road, New Delhi - 110 003.

3.The Commandant, 123 Battalion, BSF Establishment Branch, Mawpat PO Shillong, District East Kasthi Hills, Meha.

4.The Secretary to Govt., (Home), Prohibition & Excise Dept., Chennai - 9.

5.The Additional Director General of Police (Prisons), Whannels Road, Egmore, Chennai - 8.

6.The Superintendent of Central Prison, O/o.Superintendent of Central Prison I, Puzhal I, Puzhal, Chennai - 66.

7.The Superintendent of Central Prison, O/o. Superintendent of Central Prison, Trichy - 620 020.

8.The Public Prosecutor, High Court, Madras.

AKM/18.12.19 /3P-9C/ H.C.P. No. 1781 of 2019