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2025 Supreme(Online)(Mad) 18222

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, M.JOTHIRAMAN, JJ
SEKAR – Appellant
Versus
THE SECRETARY TO THE GOVERNMENT – Respondent
H.C.P.No.3204 of 2024



Advocates:
For the Appellants/Petitioners: Mr.A.Saranraj
For the Respondents: Mr. R.Muniyapparaj Additional Public Prosecutor

Preventive detention is not justifiable for determining neighborhood disputes appropriately handled under ordinary law.

Headnote:In this case, the court analyzed the detention order issued under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. The facts revealed a private dispute between neighbors, which under ordinary law should be managed by police. The Court determined that preventive detention was unnecessary in these circumstances. The main issue considered was the necessity and appropriateness of preventive detention. The court reasoned that such disputes should not invoke preventive measures, leading to the quashing of the detention order. Thus, the court allowed the Habeas Corpus Petition and ordered the immediate release of the detenu.

Table of Content
1. preventive detention applicable based on common law. (Para 1 , 2)

(Order of the Court was made by M.JOTHIRAMAN, J.)

The writ of habeas corpus has been filed challenging the detention order passed by the second respondent in proceedings C.No.110/G/IS/2024 dated 01.10.2024 .

2. The impugned detention order has been issued based on the ground case. The ground case was registered against the detenu under Section 103 (1) of Bharatiya Nyaya Sanhita, 2023 (302 IPC) reveals that there was a private dispute between the deceased and the detenu. The detenu and the deceased are neighbours. Such nature of cases can be dealt with by the police authorities under the ordinary law and by following the procedures. Preventive detention in such cases would become unnecessary and therefore, we are inclined to quash the impugned detention order. 3. Hence, for the aforesaid reason, the detention order passed by the second respondent in proceedings C.No.110/G/IS/2024 dated 01.10.2024 is quashed and the Habeas Corpus Petition is allowed. The detenu, viz., S.Praveenkumar @ Japan, aged 19 years, S/o. Sekar confined at Central Prison, Coimbatore is directed to be set at liberty forthwith, unless he is required in connection with any other case.

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