Madras High CourtWP/35438/2023dismissed as infructuous

Babu v. The State Rep. By Its,

2024-02-02Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2024 CORAM :

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and WMP No.35392 of 2023 Babu

...Petitioner

vs.

1. The State rep. by its The Home Secretary, Prison Department (IV), St. George Fort, Secretariat, Chennai - 600 009.

2. The Director General of Prison, Office of Director General of Prison, Gandhi Irwin Road, CMDA Building, Chennai - 600 008.

3. The Superintendent of Prisons, Office of the Superintendent of Prison, Central Prison at Coimbatore, Coimbatore - 641 018.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to premature release the petitioner namely Mr.F.Babu S/o. Francis (CT No.13203) aged about 40 years in pursuance to petitioner's mother representation dated on 20.10.2023.

For Petitioner ::

Mr.K.Mohamed Saifulla For Respondents ::

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

(Order of the Court was made by M.S.RAMESH,J.) This writ petition is filed for the following relief. "for issuance of a Writ of Mandamus, directing the respondents to premature release the petitioner namely F.Babu S/o. Francis (CT No.13203) aged about 40 years in pursuance to his mother's representation dated on 20.10.2023."

2. Today, when the writ petition is taken up for hearing, the learned Additional Public Prosecutor submitted that the convicted prisoner has been released by virtue of G.O.(Ms)No.722, Home (Prison-IVA) Department,

dated 28.12.2023.

3. In view of the above, the prayer sought for in the writ petition has become infructuous and hence, the Writ Petition is dismissed as infructuous. Consequently, the connected Writ Miscellaneous Petition is closed. (M.S.R.,J.) (S.M.,J.) 02.02.2024 ars Index : Yes / No

M.S.RAMESH,J.

AND SUNDER MOHAN,J.

ars To The Home Secretary, Prison Department (IV), St. George Fort, Secretariat, Chennai - 600 009.

2. The Director General of Prison, Office of Director General of Prison, Gandhi Irwin Road, CMDA Building, Chennai - 600 008.

3. The Superintendent of Prisons, Office of the Superintendent of Prison, Central Prison at Coimbatore, Coimbatore - 641 018

4. The Public Prosecutor, High Court, Madras.

02.02.2024