Madras High CourtCRL OP/7857/2019disposed of

Sahidul Faraji Gazi v. The Inspector Of Police

2019-03-25Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7857 of 2019 Sahidul Faraji Gazi .. Petitioner Vs.

1.The State, represented by The Inspector of Police, R-9, Velasaravakkam Police Station,

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

3. The Superintendent, Government Home for Women, Mylapore, Chennai-4.

4. Chhalma khatun .. Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the 3rd respondent to file a report pertaining to the detention of the detenue by name Chhalma Khatun and in pursuance direct the Judicial Magistrate-I, Poonamallee to dispose in Crl.M.P.No.1267 of 2019 in Cr.No.509 of 2018 as expeditiously as possible. For Petitioner : M/s S.Senthilvel For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition is filed seeking for a direction to direct the 3rd respondent to file a report pertaining to the detention of the detenue by name Chhalma

Khatun and consequently to direct the Judicial Magistrate-I, Poonamallee to dispose in Crl.M.P.No.1267 of 2019 in Crime No.509 of 2018 as expeditiously as possible.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

3. The respondent police have registered a case against the petitioner's daughter viz., Chhalma Khatun in Crime No.509 of 2018 for the offences under sections 3(2)(a), 4(1) and 5(1)(a) of the Immoral Traffic (Prevention) Act, 1956. Subsequently, the victim's girl was produced before the learned Judicial Magistrate-I, Poonamallee and later, she was detained in the 3rd respondent/Government Home for Women, Mylapore, Chennai-4. Thereafter, the petitioner had filed in Crl.M.P.No.1267 of 2019 before the learned Judicial Magistrate-I, Poonamallee, seeking for the release of his daughter from the 3rd respondent and the same was pending. Hence, the petitioner has approached this court seeking to file a report and dispose the case as expeditiously as possible.

4. Considering the above facts and circumstances of the case, this Court directs the 3rd respondent to file a report pertaining to the detention of the detenue by name Chhalma Khatun and this court further directs the learned Judicial Magistrate-I, Poonamallee, to dispose the case in Crl.M.P.No.1267 of 2019 in Crime No.509 of 2018 within a period of two weeks from the date of receipt of a copy of this order, if not already disposed of.

5. With the above directions, the Criminal Original Petition is disposed of.

msm Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate No.1, Poonamallee.

2. -Do- Thro' The Chief Judicial Magistrate,

3. The Inspector of Police, R-9, Velasaravakkam Police Station,

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

5. The Superintendent, Government Home for Women, Mylapore, Chennai-4.

6. The Public Prosecutor, High Court, Madras - 600 104.

+1cc to Mr.S.Senthilvel, Advocate, S.R.No.27963 Crl.O.P.No.7857 of 2019 Kak(01/04/2019)