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Madras High CourtHCP/2490/2023dismissed as infructuous

R. Sumathi v. The State Of Tamil Nadu Rep.By Its

2024-03-27Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN R.Sumathi ... Petitioner/wife of the detenue Vs.

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

2.The Commissioner of Police, Office of the Commissioner of Police, Salem City, Salem District.

3.The Superintendent of Central Prison, Central Prison, Salem District.

4.The Inspector of Police, Salem City Central Crime Branch, Salem District.

... Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, to produce the body if the detenue by name Rajasekar, S/o.Elumalai, aged 39 years, presently confined at Central Prison, Salem, before this Court and set him at liberty forthwith, after calling for the records pertaining to the detention order dated 17.11.2023 in C.M.P.No.104/Goonda/Salem City/2023 passed by the second respondent, quash the same.

For Petitioner :

Mr.S.Sanjay N Gandhi For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) The petitioner is the wife of the detenu viz., Rajasekar, S/o.Elumalai, aged 39 years, presently confined at Central Prison, Salem, has come forward with this petition challenging the detention order passed by the second respondent dated 17.11.2023 slapped on her husband, branding him as "Goonda" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982

[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that the order of detention passed by the second respondent as against the petitioner's husband, dated 17.11.2023 has been revoked by the Government in G.O.Rt.No.7168, Home, Prohibition and Excise (XIV) Department, dated 21.12.2023 and he has also produced a copy of the said order.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] 27.03.2024 Anu Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

Anu To 1.The Secretary to Government, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Commissioner of Police, Office of the Commissioner of Police, Salem City, Salem District.

3.The Superintendent of Central Prison, Central Prison, Salem District.

4.The Inspector of Police, Salem City Central Crime Branch, Salem District.

5.The Public Prosecutor, High Court, Madras.

27.03.2024