Madras High CourtCRL RC(MD)/875/2016dismissed as infructuous

Kajendran v. The Executive Magistrate/

2017-12-06Honourable Mr Justice A.M. Basheer Ahamed3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2017

CORAM:

THE HONOURABLE MR. JUSTICE A.M.BASHEER AHAMED Crl.R.C.(MD)No.875 of 2016 and Crl.M.P(MD).12735 of 2016 Kajendran ... Petitioner Vs.

1. The Executive Magistrate/ Deputy Commissioner of Police, Law and Order, Madurai City,

2. The Inspector of Police, Law and Order, V2, Avaniyapuram Police Station,

3. The Inspector of Police, Law and Order, B4, Keerathurai Police Station,

4. The Superintendent of Prison, Madurai Central Prison, Madurai District.

5. The state represented by the Home Secretary, State of Tamil Nadu, Secretariat, Fort.St.George, Chennai - 600 009.

...Respondents

PRAYER: The Petition filed under Section 397 r/w 401 of Cr.P.C. to call for the records connected with the M.C.No.847/ep.mr.e&fh.J.M/k.kh/2016 15.12.2016 on the file of the Respondent No.1 and set aside the same.

For Petitioner :Mr.L.M.Vijai Boominathan For Respondents :Mr.C.Mayil Vahana Rajendren Additional Public Prosecutor.

ORDER

This Criminal Revision has been filed to set aside order passed in M.C.No.847/ep.mr.e&fh.J.M/k.kh/2016 on 15.12.2016 by the first respondent.

2.The learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents are present and heard.

3.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner was detained in the prison till 20.10.2017 in view of the impugned order passed by the first respondent on 15.12.2006 and during pendency of the Criminal Revision case, the petitioner was ordered to be released on bail by this Court as per order dated 05.01.2017 in Crl.M.P(MD)No.12734 of 2016. Hence, the petitioner is not in prison and the detention period has also expired. Hence, the Criminal Revision case has became infructuous.

4.Recording the above statement made by the learned Additional Public Prosecutor, this Criminal Revision case is dismissed as infructuous. Consequently, connected Crl.M.P(MD).12735 of 2016 is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Executive Magistrate/ Deputy Commissioner of Police, Law and Order, Madurai City,

2. The Inspector of Police, Law and Order, V2, Avaniyapuram Police Station,

3. The Inspector of Police, Law and Order, B4, Keerathurai Police Station,

4. The Superintendent of Prison, Madurai Central Prison, Madurai District.

5. The Secretary, Home Department, Secretariat, Fort.St.George, Chennai - 600 009.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court,

7. The Record Clerk, Criminal Record Section, Madurai Bench of Madras High Court, +1cc to Mr.R.Alagumani, Advocate Sr.No.91823 VSA VB/SKN/RSK/SAR2/19/12/2017/3P/9C Crl.R.C.(MD)No.875 of 2016 and Crl.M.P(MD).12735 of 2016 06.12.2017