Prathap v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN H.C.P.(MD)No.1235 of 2022 Prathap ... Petitioner / Detenu Vs.

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

2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the entire records connected with the detention order of the 2nd respondent in No.41/BCDFGISSSV/2022, dated 15.06.2022 and quash the same and direct the respondents to produce 1/4

the body or person of the detenu, namely, Prathap, S/o.Kannan, aged about 32 years, now detained at Madurai Central Prison before this Court and set him at liberty.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor for the respondents has submitted that the date of detention is 15.06.2022. Therefore, one year detention period is over. Hence, this Habeas Corpus Petition has become infructuous. 2.The said position is not controverted by the learned counsel for the petitioner.

3.In view of the same, this Habeas Corpus Petition is dismissed as infructuous.

(R.S.K., J.) & (K.K.R.K, J.) 19.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR 2/4

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

2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

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

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

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R.SURESH KUMAR, J.

AND K.K.RAMAKRISHNAN, J.

MYR H.C.P.(MD)No.1235 of 2022 19.06.2023 4/4