JANAKI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition is brought forth by the mother of the detenu challenging the order of the second respondent in order No.50/2010 dated 03.02.2010, whereby her son Udaya @ Udayakumar was ordered to be detained as a Goonda under the provisions of the Act 14 of 1982.

(2.) THE Court heard the learned counsel appearing for the petitioner and looked into the materials available on record, in particular, the order under challenge.

(3.) LEARNED counsel, pointing to the First Information Report and other material documents such as arrest card, observation mahazar etc., in crime No.927 of 2010, would submit that the case was actually registered and investigation was done by one .K. Narayanan, but it was found in the order as if the case was registered and investigated by one S. Saravana Prabu and thus, when there is a material discrepancy in those documents, which are relied upon documents, a clarification should have been called for by the Detaining Authority, but not done so. On these grounds, the order of detention has got to be set aside.