B. Mubeen v. State rep. by the Additional Director General of Police, (Prison), Prison Head quarters, CMDA Tower, Egmore, Chennai & Others
2009-12-21
M.CHOCKALINGAM, V.PERIYA KARUPPIAH
body2009
DigiLaw.ai
Judgment M. CHOCKALINGAM, J. Invoking the writ jurisdiction of this Court, the petitioner has sought for a direction to the second respondent to set off the remand periods already undergone in S.C.No.239 of 2000 on the file of the Additional Sessions Division, (Fast Track Court – III), Coimbatore by the prisoner No.3244, S.A.Basha. 2. The Court heard the learned counsel for the petitioner and for the State and perused the materials available on record. 3. On an earlier occasion, after hearing the counsel on either side, the Court thought it fit that a direction should be given to the Additional Sessions Court, Fast Track Court-III, Coimbatore to re-consider the matter and pass appropriate orders in accordance with law within a stipulated period, since the Division Bench of this Court was of the view that the representation made by the petitioner dated 5. 2008 has not been considered by the Court on its own merits. 4. Under such circumstances, once a direction has been given to the learned Sessions Judge, as seen from the order of this Court dated 30.11.2009, to reconsider the matter and pass appropriate orders, nothing survives in the Habeas Corpus Petition to be kept in pending. Accordingly, the Habeas Corpus Petition is disposed of. It is made clear that as per the earlier order dated 30.11.2009, the learned Sessions Judge has to consider and pass orders on merits and in accordance with law within a period of four weeks herefrom.