Shanmugam v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10276 of 2019 and Crl.M.P.No.5321 of 2019 Shanmugam ... Petitioner Vs.

1.The Inspector of Police, R-4 Pondy Bazaar Police Station, T.Nagar, Chennai.

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.Sangithalakshmi ... 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 Sangithalakshmi and in pursuance direct the IV Metopolitan Magistrate Saidapet, Chennai to dispose of Crl.M.P.No.not known of 2019 in Crime No. 102 of 2019 expeditiously. For Petitioner : Mr.N.Edwin Jeyakumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for a direction to direct the 2nd respondent to file a report pertaining to the detention of the detenue viz., Sangithalakshmi and in pursuance to direct the learned IV Metopolitan Magistrate Saidapet, Chennai to dispose of Crl.M.P.No.not known of 2019 in Crime No. 102 of 2019 as expeditiously.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents. 3.It is seen that the petitioner's daughter came to Chennai for employment and worked in a Beauty Parlour at Chennai. On 28.03.2019, the first respondent registered a case as against the owner of the Beauty Parlour FIR in Crime No.102 of 2019 for the offences under Section 3(2)(a), 4(1), 5(1)(a) and 6(1) and 7

(1) of Immoral Traffic Prevention Act. The petitioner's daughter viz., Sangithalakshmi was produced before the IV Metropolitan Magistrate, Saidapet, Chennai, showing her as a victim and she was detained in the 3rd respondent home.

4.The learned counsel for the petitioner submitted that the petitioner filed petition in Crl.M.P.No.not known of 2019 before the Court below seeking for the release of the petitioner's daughter and the same is kept pending on the ground that the Probation Officer Report has not been submitted before the Court till date.

5. Considering the facts and circumstances of this case, this Court without going into the merits of the case, the 2nd respondent is directed to to file the P.O report pertaining to the detention of the 4th respondent, before the IV Metropolitan Magistrate, Saidapet, Chennai, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same the learned IV Metropolitan Magistrate, Saidapet is directed to release the 4th respondent from the Government Home for Woman, Mylapore forthwith and the petitioner before taking her daughter shall produce necessary evidence to show her relationship with the 4th respondent in Crl.M.P.No.not known of 2019 in Crime No.102 of 2019.

6.In the result, this Criminal Original Petition is disposed of. Consequently, Connected Miscellaneous petition is closed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar mpa To

1. The IV Metropolitan Magistrate, Saidapet, Chennai

2. -do- Through' The Chief Metropolitan Magistrate, Egmore, Chennai.

3.The Inspector of Police, R-4 Pondy Bazaar Police Station, T.Nagar, Chennai.

4.The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower-II, 2nd floor, Egmore, Chennai-600 008.

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

6.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.10276 of 2019 and Crl.M.P.No.5321 of 2019 PA(CO) GMY(24/05/2019)