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
| Table of Content |
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| 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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