Smt.Chanda Bai v. State Of Telangana And Another

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No. 6214 OF 2018 ORDER:

This petition is filed under Section 482 of the Code of Criminal Procedure (for short, 'Cr.P.C.') to quash the docket order dated 25-01-2018 in Criminal M.P.No. 163 of 2018 on the file of the Court of learned Judicial Magistrate of I Class, Special Mobile Court - cum - XI Metropolitan Magistrate, Cyberabad, L.B. Nagar (for short, 'the Court below'), whereby it dismissed the above miscellaneous petition filed by the petitioner for custody of the victim girl who is her daughter.

2.

The petitioner is mother of the victim trafficked woman who was sent to rescue home i.e. Prajwala on 01-01-2018 during pendency of investigation. The petitioner sought for custody of the victim girl on the ground that her marriage is proposed to be performed. The Court below called for a report from the said rescue home and the rescue home recommended that the victim should be kept in the shelter for at least a short duration i.e. 6 months to help her to realize the risk that she was taking with her life. By the order under challenge, the Court below dismissed the petition.

3.

As seen from the material on record, the victim girl, who was indulging in prostitution, was sent to rescue home for shelter on 01-01-2018 for a short duration i.e. 6 months to help her to realize the risk that she was taking with her life. The period of six months would expire by 30-06-2018. The petitioner, mother of the victim girl, is now seeking for custody of the victim girl for performing the latter's marriage.

4.

In the above facts and circumstances of the case, I deem it appropriate to direct that the victim girl be produced on 01-07-2018 before the Court below and on such production, custody of the victim girl shall be given to the petitioner, subject to satisfying the identity of the latter, who is her mother. 5.

With the above direction, the criminal petition is disposed of. Pending miscellaneous petitions, if any, in this criminal petition shall stand closed in consequence.

_____________________________ Date: 18-06-2018.

M.SATYANARAYANA MURTHY, J.

JSK