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Madras High CourtHCP/1709/2023dismissed as infructuous

K.Sathiya Banu v. State Rep By

2023-12-18Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2023 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN K.Sathiya Banu ... Petitioner Vs.

1.The State of Tamil Nadu rep.by its Additional Chief Secretary to Government Home, Prohibition and Excise Department Fort St George, Chennai 600 009.

2.The Commissioner of Police Greater Chennai, Vepery, Chennai 600 007.

3.The Superintendent Central Prison, Puzhal, Chennai.

4.The Inspector of Police V7 Nolambur Police Station Chennai.

... Respondents Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India, calling for the records of the 2nd respondent herein pertaining to the

detention order made in BCDFGISSSV No.340/2023 dated 31.07.2023 and quash the same and direct the respondents to produce the body of the detenu namely Ajithkumar, aged about 24 years now detained in Central Prison, Puzhal, Chennai before this Court and set the detenu at liberty forthwith. For Petitioner : Mr.J.Samiullah For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.Aravind.C

ORDER

[Order of the Court was made by S.S.SUNDAR, J.,] (1)The petitioner, mother of the detenu, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 31.07.2023 slapped on her son, branding him as "Goonda" under the Tamil Nadu Act 14 of 1982.

(2)The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the detenu herein dated 31.07.2023 has been revoked by the Government in G.O. [Rt] No.5123, Home, Prohibition & Excise [XIII] Department dated 14.09.2023 and he has also produced a copy of the said order.

(3)Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed as having become infructuous. [S.S.S.R., J.] [S.M, J.] 18.12.2023 mkn Internet : Yes To 1.The Additional Chief Secretary to Government State of Tamil Nadu Home, Prohibition and Excise Department Fort St George, Chennai 600 009.

2.The Commissioner of Police Greater Chennai, Vepery, Chennai 600 007.

3.The Superintendent Central Prison, Puzhal, Chennai.

4.The Inspector of Police V7 Nolambur Police Station Chennai.

5.The Public Prosecutor, High Court, Madras.

S.S. SUNDAR, J., and SUNDER MOHAN, J., mkn 18.12.2023