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High Court of Jammu and Kashmir · body

2025 DAILYLAW 3726 (JK)

PAWAN KUMAR TH. TOSHI DEVI v. UT OF J AND K TH. DISTRICT MAGISTRATE JAMMU AND OTHERS

HCP/104/2024 · 2025-05-19

Rahul Bharti

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No.:- HCP No. 104/2024 Pawan Kumar, age 28 years S/o Satpal R/o Ward No. 4, Tehsil R.S. Pura, Jammu Through his mother Toshi Devi W/o Satpal, age 58 years R/o Ward No. 4, Tehsil R.S. Pura, Jammu. …..Petitioner(s) Through: Mr. Anmol Sharma, Advocate. Vs Union Territory of Jammu and Kashmir through 1. District Magistrate, Jammu. 2. Senior Superintendent of Police, Jammu. 3. Incharge Jail, Kot Bhalwal, Jammu. .…. Respondent(s) Through: None. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 19.05.2025 1. Heard Mr. Anmol Sharma, learned counsel for the petitioner. 2. The petitioner, who is aged 28 years, acting through his mother Toshi Devi has petitioned this Court seeking a writ of habeas corpus under article 226 of the Constitution of India thereby seeking restoration of his personal liberty otherwise curtailed because of a preventive detention custody effected under impugned detention Order No. PSA 19 of 2024 dated 15.04.2024 passed by the respondent No. 2-District Magistrate, Jammu. Sr. No. 90 2 HCP No. 104/2024 3. The institution of the writ petition had come to take place on 16.07.2024. 4. The petitioner’s detention for a period of one year started from 18.04.2024 on which he came to be under the preventive detention custody as is confirmed from the execution report accompanying the counter affidavit filed in the case. 5. By efflux of time, the petitioner’s maximum detention period of one year has run its course rendering the writ petition infructuous and therefore, is disposed of as being infructuous. 6. It is expected that in case the petitioner is still under the state of confinement pursuant to his preventive detention custody in terms of impugned detention Order No. PSA 19 of 2024 dated 15.04.2024 in the Central Jail, Kot Bhalwal, Jammu, then Superintendent, Central Jail Kot Bhalwal, Jammu shall set the petitioner free to his personal liberty if being continuously detained pursuant to impugned detention Order No. PSA 19 of 2024 dated 15.04.2024. (RAHUL BHARTI) JUDGE JAMMU 19.05.2025 Naresh/Secy. Naresh Kumar 2025.05.19 12:51 I attest to the accuracy and integrity of this document