Tuhin Shaikh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:02.07.2024 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN and Crl.M.P.No.7872 of 2024 Mr.Tuhin Shaikh .. Petitioner /versus/ 1.State rep.by The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

Crime No.164 of 2024.

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

3.The Superintendent, Government Home for Women, Salem.

4.Mrs.Shila Sheikh .. Respondents Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to file a report pertaining to the detention of the detenue by name Mrs.Shila Sheikh and in pursuance direct the Additional Mahila Court, Judicial Magistrate Level, Krishnagiri to dispose the Crl.M.P.No.755 of 2024 in Crime No.164 of 2024 on the file of 1st respondent as expeditiously.

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For Petitioner :Mr.M.Murugan For R1 to R3 :Mr.S.Udaya Kumar Govt.Advocate (Crl.Side) -----

ORDER

This Criminal Original Petition is filed seeking a direction to file a report pertaining to the detention of the detenue by name Mrs.Shila Sheikh in connection with the Crime No.164 of 2024 for the offence under Sections 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic (Prevention) Act, 1956.

2. The petitioner/husband of the detenue Mrs.Shila Sheikh has filed a petition before the Additional Mahila Court, Judicial Magistrate Level, Krishnagiri to release his wife and the same is pending for the Probation Officer's Report and he apprehends that the Probation Officer report will take more than two months.

3. The learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3, on instructions submits that the Probation Officer report has been received and submitted to the Additional Mahila Court, 2/5

Judicial Magistrate Level, Krishnagiri. However, meanwhile the petitioner has withdrawn the case in Crl.M.P.No.755 of 2024 and filed a fresh Miscellaneous Petition in Crl.M.P.No.4798 of 2024 and the matter stands adjourned to 04.07.2024 for enquiry.

4. Taking note of the fact stated above, this Criminal Original Petition is disposed of directing the Additional Mahila Court, Judicial Magistrate Level, Krishnagiri, to consider the petition in Crl.M.P.No.4798 of 2024, in the light of the report of the Probation Officer and pass appropriate orders within a period of 15 days from today. Consequently, connected Miscellaneous Petition is closed.

02.07.2024 Index:yes/no Speaking order:yes/no ari 3/5

To:

1.The Additional Mahila Court, Judicial Magistrate Level, Krishnagiri, 2.The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.

3.The Chief Probation Superintendent, The Office of Chief Probation Office, CMDS Tower-II, 2nd Floor, Egmore, Chennai. 4.The Superintendent,Government Home for Women, Salem. 5.The Public Prosecutor, High Court, Madras.

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DR.G.JAYACHANDRAN,J.

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