Vijaya v. The State Of Tamilnadu, Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Vijaya ... Petitioner Vs.

1. State of Tamil Nadu Represented by its Secretary to Government, Prohibition and Excise Department, (Home) Chennai 600 009.

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

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4. The Inspector of Police, C-1, Flower Bazaar Police Station, Chennai.

... Respondents 1/5

Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Habeas Corpus, calling for the records relating to the detenu's detention order passed by the 2nd respondent vide Memo No.555/BCDFGISSSV/2023 dated 07.11.2023 and set aside the same and produce the petitioner's husband Rahuman, S/o. Sherif, Male aged 38 years, now detained in central Prison, Puzhal, Chennai, before this Hon'ble Court and set him at liberty.

For petitioner : Mr.S. Prabhudoss For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor Assisted by Mr.Aravind,C.

O R D E R

M.S.RAMESH , J.

and SUNDER MOHAN, J.

The petitioner, wife of the detenu, namely Rahuman, aged 38 years, S/o.Sherif, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 07.11.2023 slapped on her husband, branding him as "GOONDA" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

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2.The learned Additional Public Prosecutor would submit that the order of detention passed by the second respondent as against the husband of the petitioner herein dated 07.11.2023 has been revoked by the Government in G.O. [Rt] No.7078, Home, Prohibition & Excise (X) Department, dated 18.12.2023 and he has also produced a copy of the said order.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 the same has become infructuous. [M.S.R., J] [S.M., J] 13.03.2024 bga Internet : Yes Index : Yes / No 3/5

To

1. The Secretary to Government, Prohibition and Excise Department, (Home) Chennai 600 009.

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

3. The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4. The Inspector of Police, C-1, Flower Bazaar Police Station, Chennai.

5 .The Public Prosecutor, High Court, Madras.

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M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga 13.03.2024 5/5