Habeas corpus petition sought quashing of a preventive detention order and release of the petitioner's brother detained in Coimbatore Central Prison. Counsel produced a Government Order showing the detention order had already been revoked; recording this, the court dismissed the petition as infructuous.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.
HCP.No.740 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.740 of 2024
V.Udhayakumar
... Petitioner
Vs.
5.The Inspector of Police, Anaimalai Police Station, Coimbatore District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
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HCP.No.740 of 2024
issue a Writ of Habeas Corpus, calling for the records relating to the detention order vide Cr.M.P.No.16/G/2024 dated 14.03.2024, passed by the second respondent and quash the same and direct the respondents herein to produce the petitioner's brother namely Sivakumar, S/o.Vellingiri, aged 36 years, (who is presently undergoing detention in the Central Prison, Coimbatore, before this Court and set him at liberty.
For Petitioner : Mr.N.Balakrishnan For Respondents : Mr.A.Gokulakrishnan,
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.2394, Home, Prohibition and Excise (XII) Department, dated 22.04.2024, submitted that the detention order has already been revoked.
2. Recording the said submission, this Habeas Corpus Petition stands
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HCP.No.740 of 2024
dismissed as infructuous.
[M.S.R., J] [S.M., J]
09.07.2024
Index: Yes/No Speaking/Non-speaking order
Sni
To
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HCP.No.740 of 2024
M.S.RAMESH, J. and SUNDER MOHAN, J.
Sni
H.C.P.No.740 of 2024
09.07.2024
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1 issue framed by the court
Whether the habeas corpus petition challenging the detention order should proceed after its revocation by government order?
1 provisions across 1 enactments
V.Udhayakumar
State of Tamil Nadu, Rep. by the Secretary, Home, Prohibition and Excise Department
The District Collector & District Magistrate, Coimbatore District
The Superintendent of Police, Coimbatore District
The Superintendent of Prison, Central Prison, Coimbatore
The Inspector of Police, Anaimalai Police Station, Coimbatore District
M.S. Ramesh
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
