Rupesh v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Rupesh ... Petitioner/brother of the detenue Vs.
1.The Secretary to the Government, Home, Prohibition & Excise (XVI) Department, Secretariat, Chennai-600 009.
2.The Commissioner of Police, O/o.Commissioner of Police, Greater Chennai.
3.The Superintendent of Prison, Central Prison Puzhal, Chennai District.
4.The Inspector of Police, G-2, Periyamedu Police Station, Chennai 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 call for the
entire records connected with the detention order in BCDFGISSSV No.602/2023 dated 20.11.2023 on the file of the second respondent and quash the same and direct the respondents to produce the body and person of the petitioner's brother one named Richesh, S/o.Albert, aged about 23 years, now confined at Central Prison, Puzhal before this Court and set him at liberty forthwith.
For Petitioner :
Mr.P.Muthamizh Selvakumar 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 brother of the detenu viz., Richesh, S/o.Albert, aged about 23 years, now confined at Central Prison, Puzhal, has come forward with this petition challenging the detention order passed by the second respondent dated 20.11.2023 slapped on his brother, 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that the order of detention passed by the second respondent as against the petitioner's brother, dated 20.11.2023 has been revoked by the Government in G.O.Rt.No.7162, Home, Prohibition and Excise (XIII) Department, dated 21.12.2023 and he has also produced a copy of the said order.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] 22.03.2024 Anu Internet : Yes Index : Yes / No
M.S.RAMESH , J.
and SUNDER MOHAN, J.
Anu To 1.The Secretary to the Government, Home, Prohibition & Excise (XVI) Department, Secretariat, Chennai-600 009.
2.The Commissioner of Police, O/o.Commissioner of Police, Greater Chennai.
3.The Superintendent of Prison, Central Prison Puzhal, Chennai District.
4.The Inspector of Police, G-2, Periyamedu Police Station, Chennai District.
5.The Public Prosecutor, High Court, Madras.
22.03.2024