In this habeas corpus petition filed under Article 226 to produce a detenu and quash an illegal order, the Court observed that the detention order had already been revoked via a Government Order. Consequently, the petition was dismissed as infructuous.
Petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
H.C.P.No.222 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.222 of 2024
Sweetha
... Petitioner
Vs.
State Rep. By: 1.The Secretary to Government Home, Prohibition and Excise Department Secretariat Fort St. George Chennai-9
2.The Commissioner of Police Salem City
3.The Superintendent of Prison Central Prison, Salem
4.The Inspector of Police Kitchipalayam Police Station Salem City ... Respondents
Page 1 of 4
H.C.P.No.222 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records in C.M.P.No.1/Goonda/Salem City / 2024 dated 04.01.2024 on the file of the Commissioner of Police, Salem City, the 2nd respondent herein and quash the same as illegal and direct the respondents to produce the detenu, Chinnavar, S/o.Dhanapal, aged about 24 years, now confined at Central Prison, Salem, before this Court and set him at liberty.
For Petitioner : M/s.S.Sengkodi For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor Assisted by Mr.C. Aravind
ORDER
M.S.RAMESH, J. AND
SUNDER MOHAN, J.
When the matter was taken up for hearing, the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents, by producing a copy of the Government Order in G.O.Rt.No.771, Home, Prohibition and Excise (XIV) Department, dated 09.02.2024, submitted that the detention order has already been revoked.
Page 2 of 4
H.C.P.No.222 of 2024
dismissed as infructuous.
[M.S.R., J] [S.M., J] 04.06.2024
Index: Yes/No Neutral Citation
kas
To
1.The Secretary to Government Home, Prohibition and Excise Department Secretariat Fort St. George Chennai-9
2.The Commissioner of Police Salem City
3.The Superintendent of Prison Central Prison, Salem
4.The Inspector of Police Kitchipalayam Police Station Salem City
5.The Public Prosecutor High Court of Madras Chennai 600 104
Page 3 of 4
H.C.P.No.222 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
kas
H.C.P.No.222 of 2024
04.06.2024
Page 4 of 4
1 issue framed by the court
Whether the Habeas Corpus Petition filed to produce the detenu is inductious once the detention is revoked
1 provisions across 1 enactments
Sweetha
State Rep. By: 1.The Secretary to Government Home, Prohibition and Excise Department Secretariat Fort St. George Chennai-9 2.The Commissioner of Police Salem Ci
M.S. Ramesh
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
