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Madras High CourtWP Crl./835/2025disposed of

Usha Sharma v. The Superintendent Of Prison

2025-09-15Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE S. SOUNTHAR W.P. Crl. No. 835 of 2025

1. Usha Sharma W/o.David Inbaraj, No.63, 4th Cross Street, Geddalahalli, Near ST.Theresa Generalate Convent, Kothanur Post, Bengaluru District, Karnataka State.

Appellant(s) Vs

1. The Superintendent of Prison Central Prison-1, Puzhal, Chennai - 66.

Respondent(s) PRAYER The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondent to consider the representation of the petitioners husband dated 22.7.2025 and to grant 6 days leave to the petitioners husband namely David Inbaraj Son of Rathinam, now confined in the Central Prison-1, Puzhal, Chennai 600 066.

For Appellant(s):

Mr. P.Pugalenthi For Respondent:

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition has been filed for the issuance of a Writ of Mandamus directing the respondent to consider the representation of the petitioner dated 22.7.2025 for granting 6 days leave to the petitioner's husband namely David Inbaraj, son of Rathinam, now confined in the Central Prison-1, Puzhal, Chennai 600 066.

2. It is seen from the records that the prisoner earlier has submitted a representation dated 22.07.2025 to the respondent seeking six days' emergency leave on the ground that his wife namely, Usha Sharma / petitioner herein has been hospitalized and that he is required to take care of her for advanced medical treatment.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submits that the father-in-law of the prisoner died today morning. Therefore, he prays for grant of six days' emergency leave to the prisoner to enable him to perform the final rites of his father-in-law.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

5. Considering the facts and circumstances of the case, the petitioner is directed to submit a fresh representation immediately before the respondent seeking emergency leave stating that the father-in-law of the prisoner died. On such representation being made, the respondent shall pass appropriate orders forthwith on the petitioner's representation.

6. With the above direction, this Writ Petition is disposed of. (J.NISHA BANU J.) (S.SOUNTHAR J.) 15-09-2025 ASI Note: Issue order copy today itself To 1.The Superintendent of Prison Central Prison-1, Puzhal, Chennai - 66.

2. The Public Prosecutor, High Court of Madras, Chennai.

J. NISHA BANU, J.

AND S. SOUNTHAR, J.

ASI W.P. Crl. No. 835 of 2025 15-09-2025