Sreejith v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11472 of 2020 Sreejith S/o Balakrishnan No.7, BBC Apartments Lakshmi Nagar Porur, Chennai - 600 116.

... Petitioner Vs 1.The Inspector of Police, Anti-Vice Squad-II, Chindadripet, Chennai.

(Crime No.25 of 2020) 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 - 600 004.

4.Reshma Affarin W/o Sreejith No.7, BBC Apartments Lakshmi Nagar Porur, Chennai - 600 116.

...Respondents

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Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to file a report pertaining to the detention of the detenue by name Reshma Affarin, wife of Sreejith in pursuance direct the learned Judicial Magistrate No.I, Poonamallee to dispose the C.M.P.No.1652 of 2020 in Crime No.26 of 2020 on the file of 1st respondent.

For Petitioner : Mr.S.Sasikumar For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor for 1 to 3

O R D E R

Today this matter has been came under the caption "for being mentioned"

2.The learned counsel for the petitioner would submit that this Court already disposed of the present petition on 04.08.2020. However, the order portion has been wrongly typed.

3.In view of the submission made by the learned counsel for the petitioner, the order portion is corrected as hereunder: 2/6

"1. The 1st respondent registered an FIR in Crime No.26 of 2020 for the offences under Sections 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic Prevention Act, 1956. The petitioner is the husband of the 4th respondent, namely Reshma Affarin, who was produced before the Judicial Magistrate No-I, Poonamallee, showing her as a victim and she was detained in the home.

2. The learned counsel for the petitioner submitted that the petitioner filed a petition in C.M.P.No.1652 of 2020 before the Court below, seeking for the release of the petitioner's wife 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.

3. Taking into consideration the earlier orders passed by this Court in Crl.O.P.No.27063 of 2018 and Crl.O.P.No.26714 of 2018, wherein this Court has dealt with an issue of similar nature and also the facts and 3/6

circumstances of this case, this Court is inclined to direct the 3rd respondent to immediately release the 4th respondent from the Government Home for Women, Mylapore. The petitioner, before taking her wife, 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 Chennai and report before the Judicial Magistrate No-I, Poonamallee, once in a week on Monday at 10.30 a.m., till the P.O. report is submitted before the Court.

4. This Criminal Original Petition is disposed of, with the above directions."

Jer 03.09.2020 Index:Yes/No Internet: Yes/No Note: Registry is directed to carry out necessary amendments and issue fresh order copy 4/6

To 1.The Judicial Magistrate No.I, Poonamallee.

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

3.The Inspector of Police, Anti-Vice Squad-II, Chindadripet, Chennai.

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

5.The Public Prosecutor High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

Jer Crl.O.P.No.11472 of 2020 6/6

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