Khaleel Ulla Khan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.4650 of 2024 and Crl.M.P.No.3391 of 2024 Khaleel Ulla Khan ... Petitioner Vs.

1.State by The Inspector of Police, R.S.Puram Police Station, Coimbatore.

Crime No.56 of 2024 2.The Chief Probation Officer, The Office of Coimbatore Region, Old Collectorate Buildings, 1st Floor, Coimbatore - 641 025.

3.The Superintendent, Government Protective Home, Ward No.60, Irugur, Itteri Road, Ondipudur, Coimbatore - 641 016.

4.Uzma Khanum ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to file a report pertaining to the detention of the detenue by name Uzma Khanum D/o.Khaleel Ulla Khan, aged about 28 years and in pursuance direct the Additional Mahila Court, Coimbatore, to dispose of the Crl.M.P.No.6814 of 2024 in Crime No.56 of 2024 as expeditiously.

For Petitioner : Mr.V.Bhagyaraj For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 to R3

O R D E R

This petition has been filed by the father 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.56 of 2024 for the offences under Sections 3(1), 4(2)(c) and 5(1)(c) of Immoral Traffic Prevention Act, 1956. The petitioner is the father of the fourth respondent, namely Uzma Khanum was produced before the Additional Mahila Court, Coimbatore showing her as a victim and she was detained in the home on 18.02.2024. 3.The learned counsel for the petitioner submitted that the petitioner filed a petition in Crl.M.P.No.6814 of 2024 before the Court below seeking for the release of the petitioner's daughter 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.

4.The learned counsel for the petitioner brought to the notice of this Court the earlier order passed by this Court in Crl.O.P.No.29421 of 2019, Crl OP No.2525 of 2019, Crl OP No.8202 of 2019 and Crl OP No.8733 of 2019, wherein this Court has dealt with an issue of similar nature.

5.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 Protective Home, Coimbatore - 641 016. The petitioner before taking his daughter namely the 4th respondent from the home, shall produce necessary evidence to show his relationship with the 4th respondent. The 4th respondent on being released from the home, shall stay at Coimbatore and report before the Additional Mahila Court, Coimbatore, 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. Consequently, the connected miscellaneous petition is also closed. 29.02.2024 Index: Yes/No Internet: Yes/No ssr Note:Issue Order Copy on 29.02.2024

N.ANAND VENKATESH,J.

ssr To 1.The Additional Mahila Court, Coimbatore.

2.The Inspector of Police, R.S.Puram Police Station, Coimbatore.

Crime No.56 of 2024 3.The Chief Probation Officer, The Office of Coimbatore Region, Old Collectorate Buildings, 1st Floor, Coimbatore - 641 025.

4.The Superintendent, Government Protective Home, Ward No.60, Irugur, Itteri Road, Ondipudur, Coimbatore - 641 016.

5.The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.4650 of 2024 and Crl.M.P.No.3391 of 2024 29.02.2024