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High Court for State of TelanganaWP/11961/2019disposed of no costs

Arrapogu Sujatha v. The State Of Telengana

2019-08-02Raghvendra Singh Chauhan,Shameem Akther4 pages

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION No.11961 of 2019 02.08.2019 Between:

Arrapogu Sujatha

...Petitioner

and The State of Telangana and others

...Respondents

Counsel for the petitioner : Ms. T. Shiva Parvathi Counsel for the respondents: Mr. Sripathi Santhosh Kumar, Special Government Pleader The Court made the following:

ORDER: (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The petitioner has filed the present writ petition, inter alia, on the ground that her daughter, who is a victim of human trafficking, is being kept in Prajwala Rescue Home, the respondent No.5, despite the fact that she is a major. Therefore, her custody with Prajwala Rescue Home is an illegal one. Hence, the custody of her daughter should be restored back to her.

According to the petitioner, on 10.12.2018, one Smt. M. Sakku Bai had lodged a complaint before the Chaitanyapuri Police Station with regard to her missing daughter. The said complaint was registered as F.I.R.No.698 of 2018. In the course of investigation, the police apprehended the Accused Nos.1 to 10, and also apprehended the daughter of the petitioner ("the victim" for short) as the victim, who was induced into prostitution. The victim's statement was duly recorded by the police as well as by the concerned Magistrate. Subsequently, by order dated 21.12.2018, the victim was sent to reside at Prajwala Rescue Home. Considering the fact that her daughter was being detained at Prajwala Rescue Home, the petitioner has filed the present petition before this Court.

By order dated 01.08.2019, this Court had directed Mr. Sripathi Santhosh Kumar, the learned Special Government Pleader, to produce the victim before this Court. Consequently, today, the victim had been produced before this Court. This Court has had an occasion to speak to the victim. She informs this Court that she is twenty-one year old. She further informs this Court that presently she is residing at Prajwala Rescue Home. However, she wishes to reunite with her parents.

She further informs this Court that her parents are neither forcing nor influencing her to enter into any illegal trade. Moreover, she is happy to be with her parents. She further informs this Court that she has no threat from anyone, who may want to induce or coerce her to enter into any illegal trade.

Considering the fact that the victim happens to be a major and considering the fact that she wishes to reunite with her parents, the respondent-police is directed to restore the custody of the victim to the petitioner.

With these directions, the Writ Petition stands disposed of. There shall be no order as to costs.

The miscellaneous petitions pending, if any, shall stand closed.

_____________________________ RAGHVENDRA SINGH CHAUHAN, CJ ______________________ DR. SHAMEEM AKTHER, J 02nd August, 2019 Note: Issue C.C. today JSU

High Court for the State of Telangana THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION No.11961 of 2019 (Per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) Date: 02.08.2019 JSU