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Madras High CourtCRL MP(MD)/14418/2022dismissed

Gandhimathi v. The Additional Chief Secretary To Government

2023-01-05Honourable Mr Justice P. N. Prakash,Honourable Dr Justice G. Jayachandran2 pages

CRL MP(MD) No.14418 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.N.PRAKASH and The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD) No.14418 of 2022 in HCP(MD) No.1778 of 2022 GANDHIMATHI ... PETITIONER/PETITIONER Vs 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE (XIV) DEPARTMENT, SECRETARIAT, CHENNAI 9.

2 State Rep.by THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUNELVELI DISTRICT, TIRUNELVELI 9.

3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON, COIMBATORE 18.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to fix an early date for hearing of the above Habeas Corpus Petition in HCP (MD) No.1778/2022 on the file of this Honble Court. Prayer in HCP(MD).1778/2022 :

To issue a Writ of Habeas Corpus calling for the records from the Second respondent in M.H.S Confdl. No.181/2022 dated 12.10.2022 by setting aside the said order of detention passed by the second respondent and setting the detenue Arumugapandian alias Bala Vivekananthan alias Rocket Raja S/o.Jegatheesan, at liberty now detained in the Central Prison, Coimbatore.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.P.MOHAN, Advocate for M/S.PRABHU K, Advocate for the petitioner and of MR.S.RAVI, Additional Public prosecutor on behalf of the Respondents the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.14418 of 2022 Certain points canvassed by the learned counsel for the petitioner are not available in the affidavit. Hence, this criminal miscellaneous petition filed to fix an early date for hearing the Habeas Corpus Petition is dismissed.

2.The main Habeas Corpus Petition will be listed in the usual course.

3.Before that, if the learned counsel for the petitioner feels so desire to canvass new points, that can be filed by way of an affidavit duly sworn by the petitioner.

sd/- 05/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pjl TO 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME, PROHIBITION AND EXCISE (XIV) DEPARTMENT, SECRETARIAT, CHENNAI 9.

2 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUNELVELI DISTRICT, TIRUNELVELI 9.

3 THE SUPERINTENDENT OF PRISON CENTRAL PRISON, COIMBATORE 18.

+1. C.C. to M/S.PRABHU K Advocate SR.No.829[F]

ORDER

IN CRL MP(MD) No.14418 of 2022 in HCP(MD) No.1778 of 2022 Date :05/01/2023 RS/SSS/SAR.2(11.01.2023) 2P-5C https://www.mhc.tn.gov.in/judis 2/2