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Madras High CourtWP Crl.(MD)/893/2025dismissed

Abinaya v. The Home Secretary

2025-09-26Honourable Mr Justice P.Velmurugan,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26.09.2025

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Abinaya ... Petitioner Vs.

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

2.The Deputy Inspector General of Prisons, Madurai Range,Madurai 625 001.

3.The Superintendent of Prison, Central Prison, Palayamkottai- 627 007.

...Respondents

Prayer:-Writ Petition Criminal is filed under Article 226 of the Constitution of India to issue writ of Certiorarified Mandamus to call for the records relating to the proceedings in No.648/Utha.2/2025 by the second respondent dated 23.06.2025 and quash the same and consequently direct the second respondent to grant 21 days ordinary leave without escort to the petitioner's husband, Simon S/o Charle Fernado, Convict No. 5826, PID No.403857, currently confined in the Central Prison, Palayamkottai.

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For petitioner : Mr.P.M.Basil For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor

O R D E R

The writ petition is filed challenging the rejection order passed by the second respondent dated 23.06.2025.

2. Heard both sides and perused the records.

3. The petitioner is the wife of the convicted prisoner under NDPS Act. The petitioner applied for 21 days ordinary leave for her husband to change the school of their children. Even though the petitioner applied for leave in the month of May, the same was rejected on 23.06.2025. The reason assigned for availing the leave itself has become infructuous. Therefore, this Court is not inclined to allow this writ petition.

4. In fine, this petition is dismissed.

(P.V., J.) (L.V.G., J.) 26.09.2025 Index : Yes/No Internet : Yes/No CM 2/4

To 1.The Home Secretary, Home Department (Prison), Secretariat, Fort St.George, Chennai - 600 009.

2.The Deputy Inspector General of Prisons, Madurai Range, Madurai 625 001.

3.The Superintendent of Prison, Central Prison, Palayamkottai- 627 007.

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P.VELMURUGAN,J.

and L. VICTORIA GOWRI ,J.

CM 26.09.2025 4/4