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Madras High CourtWP(MD)/10383/2021disposed of

Avayambal v. The Secretary To Government

2021-06-22Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.06.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Avayambal ... Petitioner Vs.

1.The Secretary to Government, Home Department, Secretariat, Chennai.

2.The Director General of Police, DGP Office, Chennai.

3.The Commissioner of Police, Madurai District, Madurai.

4.The Superintendent of Police, Trichy District, Trichy.

5.The Superintendent of Police, Virudhunagar District, Virudhunagar.

6.The Inspector of Police, Pettavaithalai Police Station, Trichy.

7.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 4th to 7th respondents to follow due process of law in case of his requirement in any criminal case and forbear the respondents from attempting to encounter the petitioner's son namely Ravikumar @ Samy Ravi, S/o.Sivasamy aged about 48 years and produce before any of the learned Judicial Magistrate.

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For Petitioner : Mr.M.Keerthi Prasana For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the 4th to 7th respondents to follow due process of law in case of his requirement in any criminal case and forbear the respondents from attempting to encounter the petitioner's son namely Ravikumar @ Samy Ravi, S/o.Sivasamy aged about 48 years and produce before any of the learned Judicial Magistrate.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. On 17.06.2021, a mention was made on behalf of the petitioner to take up his case urgently on the allegation that the son of the petitioner has been illegally secured and detained by the 7th respondent herein. Therefore, the present petition came to be filed on the same day. Hence, the matter is listed today under the caption "for admission".

4. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the son of the petitioner has been arrested in Crime No.89 of 2021 dated 25.03.2021 and he has also been remanded to the judicial custody.

5. In view of the above submission, nothing survives for further adjudication in this matter. Hence, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To:

1.The Secretary to Government, Home Department, Secretariat, Chennai.

2.The Director General of Police, DGP Office, Chennai.

3.The Commissioner of Police, Madurai District, Madurai.

4.The Superintendent of Police, Trichy District, Trichy.

5.The Superintendent of Police, Virudhunagar District, Virudhunagar.

6.The Inspector of Police, Pettavaithalai Police Station, Trichy.

7.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

+1 CC to M/s.M.KEERTHI PRASSANA, Advocate ( SR-20000[F] dated 23/06/2021 ) 22.06.2021 SE(CO) TR(05.07.2021) 3P 9C 3/3