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Madras High CourtHCP/2310/2019dismissed

Shamma v. The State Represented By Its

2019-10-23Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice RMT. TEEKAA RAMAN, J. H.C.P. No. 2310 of 2019 Shamma ... Petitioner -vsThe State Represented by its The Superintendent Central Prison Kovai.

... Respondent Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus directing the respondent to grant leave for 6 days, the detenu, Asalm S/o.Jainulaputhin aged about 44 years, Convict No.18819, detained at Central Prison, Kovai and consider the petitioner's representation dated 19.10.2019.

For Petitioner : Ms.S.Eliz Banu For Respondent : Mr.R.Prathap Kumar Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is in the habit of filing petitions seeking to grant leave. Though this Court has considered the grant of leave on the earlier occasion, it appears that last extension has been granted by the Special Court, Poonamallee on 19.10.2019 and 20.10.2019. It appears that the petitioner was earlier granted leave from 12.01.2019 to 31.01.2019 in H.C.P.No.263 of 2019. Thereafter, from 30.07.2019 to 08.08.2019, leave was granted in H.C.P.No.1482 of 2019. The petitioner filed another petition in H.C.P.No.2089 of 2019, in which leave was granted from 05.10.2019 to 14.10.2019 and it was extended upto https://hcservices.ecourts.gov.in/hcservices/

18.10.2019. Only after getting the above orders, the petitioner approached the Special Court, Poonamallee and extended the time for two days.

2. In view of the above, we are of the view that the request of the petitioner is not feasible for consideration. The last extension has been granted by the Special Court, Poonnamallee. We do not know as to why the petitioner has chosen to approach this Court instead of the said Court.

3. In such view of the matter, we are not inclined to grant leave to the petitioner especially when the petitioner has been granted leave on so many occasions.

4. Accordingly, this Habeas Corpus Petition is dismissed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar vsm To 1.The Superintendent Central Prison Kovai.

2.The Public Prosecutor, High Court, Madras.

H.C.P. No. 2310 of 2019 SS(CO) CB(29/11/2019) https://hcservices.ecourts.gov.in/hcservices/