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Madras High CourtWP/32019/2023closed

Sareenbose v. The State Rep. By Its

2024-09-02Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and W.M.P.Nos.31601 & 31602 of 2023 Sareenbose ... Petitioner Vs.

The State represented by its, 1.The Additional Chief Secretary to Government, Department of Home, Fort St.George, Chennai - 600 009.

2.The Superintendent, Central Prison, Puzhal -I, Chennai - 600 006.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified, to call for the records pertaining to the impugned order G.O.(D) No.206 dated 23.02.2022 issued by the 1st respondent and to quash the same and consecutively direct the respondents to release the detenue, Abdul Azeez S/o.Mohammed Gouth, aged about 49 years, bearing OJCT No.1960, now confined at Central Prison,

Puzhal-I, prematurely as per the G.O. (Ms) No.1155 of dated 11.09.2008, G.O.(Ms) No.64 dated 01.02.2018 and also under Rules 632, 633, 634 or 635 of the Tamil Nadu Prison Rules 1983.

For Petitioner : Ms.K.Akshaya For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition on hand has been instituted to call for the records pertaining to the impugned order G.O.(D) No.206 dated 23.02.2022 issued by the 1st respondent and to quash the same and consecutively direct the respondents to release the detenue, Abdul Azeez S/o.Mohammed Gouth, aged about 49 years, bearing OJCT No.1960, now confined at Central Prison, Puzhal-I, prematurely as per the G.O. (Ms) No.1155 of dated 11.09.2008, G.O.(Ms) No.64 dated 01.02.2018 and also under Rules 632, 633, 634 or 635 of the Tamil Nadu Prison Rules 1983.

2. The learned Additional Public Prosecutor appearing for the respondents would submit that the convict prisoner has already been released from prison vide G.O.Ms.No.374, Home (Prison-IVA) Department, dated 08.07.2024.

3.In view of the same, no further adjournment needs to be taken. Accordingly, the Writ Petition stands closed. No costs. Consequently, the connected Miscellaneous Petition, if any, is closed. [S.M.S., J.] [V.S.G., J.] 02.09.2024 Index: Yes/No Speaking/Non-speaking order gd To 1.The Additional Chief Secretary to Government, Department of Home, Fort St.George, Chennai - 600 009.

2.The Superintendent, Central Prison, Puzhal -I, Chennai - 600 006.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

gd 02.09.2024