Vijay Kumar Dutt v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:30.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12080 of 2019 and Crl.M.P.No.6257 of 2019 Vijay Kumar Dutt ... Petitioner Vs.

1.State by The Inspector of Police, R-1 Mambalam Police Station, T.Nagar, Chennai - 17.

2.The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower-II, 2nd Floor, Egmore, Chennai-600008.

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

4.Ruby Aasad Modol ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to grant a general direction, directing the 2nd respondent to file a report pertaining to the detention of the detenue by name Ruby Aasad Modol and direct the IV M.M, Saidapet, Chennai to dispose of the Crl.M.P.No. not known of 2019 in Cr.No.251/2019 as expeditiously. For Petitioner : Mr.S.Prabudoss 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., Ruby Aasad Modol 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.251 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 30.03.2019, the first respondent registered a case as against the owner of the Beauty Parlour FIR in Crime No.251 of 2019 for the offences under Section 3(2)(a), 4(1), 5(1)(a) of Immoral Traffic Prevention Act 1956. The petitioner's wife's sister viz., Ruby Aasad Modol 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 wife's sister 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 his wife's sister shall produce necessary evidence to show his relationship with the 4th respondent in Crl.M.P.No.not known of 2019 in Crime No.251 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 Inspector of Police, R-1 Mambalam Police Station, T.Nagar, Chennai - 17.

2.The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower-II, 2nd Floor, Egmore, Chennai-600008.

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

4.The Public Prosecutor High Court, Madras.

+1cc to Mr.S.Prabudoss, Advocate sr.42287 Crl.O.P.No.12080 of 2019 mp(co) nr 17/05/2019