Muslima Gazi @ Muslim Bib v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.1488 of 2019 Muslima Gazi @ Muslim Bib ... Petitioner Vs.

1.The Inspector of Police, AUS-I, Chennai-600 002.

2.The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower-II, 2nd Floor, Egmore, Chennai.

3.The Government Home for Woman, Mylapore, Chennai - 600 004.

4.Afsana Khatun ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, directing the second respondent to file a final report pertaining to the detention of the detenue by name Afsana Khatun and to direct the IV Metropolitan Magistrate, Saidapet, Chennai, to dispose of the petition in Crl.M.P.No.2239 of 2018 in Crime No.116 of 2018 and to direct the third respondent to release the fourth respondent from Government Home for Women since P.O.Report was not filed till date.

For Petitioner : Mr.S.Tamilmaran For R1 to R3 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed by the sister of the detenue seeking for release of the detenue, who is now detained before the 3rd respondent Government Home for Woman.

2.

The first respondent registered an FIR in Crime No.116 of 2018 for the offences under Section 3 (2) (a), 4(1) and 5(1)(a) of Immoral Traffic Prevention Act. The

petitioner's sister, viz., Afsana Khatun was produced before the IV Metropolitan Magistrate Court, Saidapet, showing her as a victim and she was detained in the home on 17.11.2018.

The learned counsel for the petitioner submitted that the petitioner filed a petition before the Court below seeking for the release of her sister and the same is kept pending on the ground that the P.O report is yet to be filed before the Court. Aggrieved by the same, the present petition has been filed before this Court. The learned counsel for the petitioner brought to the notice of this Court the earlier order passed by this Court in Crl.O.P.Nos.29428 & 30712 of 2018, dated 18.12.2018 and 02.01.2019, wherein this Court has dealt with an issue of similar nature.

Taking into consideration the earlier order passed by this Court and also the facts and circumstances of this case, this Court is inclined to direct the 3rd respondent to immediately release the 4th respondent from the Government Home for woman, Mylapore. The petitioner before taking her sister viz., the 4th respondent from the home, shall produce necessary evidence to show her relationship with the 4th respondent. The 4th respondent on being released from the home, shall stay at Chennai and report before the IV Metropolitan Magistrate, Saidapet, once in a week on Monday at 10.30 a.m., till the P.O report is submitted before the Court. 6 This Criminal Original Petition is disposed of, with the above direction.

Sd/- Assistant Registrar(CS iv) //True Copy// Sub Assistant Registrar kal To 1.The IV Metropolitan Magistrate, Saidapet, Chennai

2. The Inspector of Police, AUS-I, Chennai-600 002.

3.The Chief Probation Superintendent, The Office of Chief Probation Office,

CMDA Tower-II, 2nd Floor, Egmore, Chennai.

4.The Government Home for Woman, Mylapore, Chennai - 600 004.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr. S.Tamilmaran, Advocate SR.No. 4460 Crl.O.P.No.1488 of 2019 A.SK(22/01/2019)