Astab Ali v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:26.07.2024 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN and Crl.M.P.No.9013 of 2024 Astab Ali .. Petitioner /versus/ 1.Inspector of Police, Anti Vie Squad-1, Chintadripet, Chennai-2 (Crime No.21 of 2024) 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.Nahida Khatun .. Respondents 1/5

Criminal Original Petition has been filed under Section 482 of Cr.P.C., to grant a general direction directing the 2nd respondent police to file a report pertaining to the detention of the deteneu by name Nahida Khatun and in pursuance direct the learned IV Metropolitan Magistrate to dispose the Crl.M.P.No.7256 of 2024 in Crime No.21 of 2024 on the file of the 1st respondent as expeditiously.

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

ORDER

This Criminal Original Petition has been filed under Section 482 of Cr.P.C., for handing over the custody of a girl.

2. The victim girl was rescued by the Anti Vice Squad-1, when the respondent police conducted a raid in a Hotel and the victim girl is presently in the Government Home. The petitioner herein, who claims to be the husband of the victim girl has filed an application before the IV Metropolitan Magistrate, Saidapet, Chennai, in Crl.M.P.7256 of 2024 to release the victim girl and hand over the custody to him. The matter is 2/5

pending and awaited Probation Officer's report. While, the application is pending before the IV Metropolitan Magistrate, the present petition is filed for the same relief.

3. This Court ascertained whether the petitioner is the person interested in the welfare of the victim girl and directed the Government Advocate (Crl.Side) to obtain a report of the Probation Officer.

4. The learned Government Advocate (Crl.Side) has furnished reports of the Probation Officer of Egmore Chennai and the Probation Officer, North 24 Paganas, Barasat, West Bengal, pursuant to the direction. The said reports indicate that the petitioner is the second husband of the victim girl. Since the Probation Officer report is available, it is appropriate to direct the petitioner herein to produce it before the IV Metropolitan Magistrate, Saidapet, Chennai where the application is pending for the same relief and get redressal. 3/5

5. With the above observation, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 26.07.2024 Index:yes/no Speaking order/non speaking order To:

1. IV Metropolitan Magistrate, Saidapet, Chennai. 2.The Inspector of Police, Anti Vie Squad-1, Chintadripet, Chennai-2. (Crime No.21 of 2024) 3.The Chief Probation Superintendent, The Office of Chief Probation Office, CMDA Tower-II, 2nd Floor, Egmore, Chennai. 4.The Superintendent, Government Home for Women, Mylapore, Chennai 600 004.

5.The Public Prosecutor, High Court, Madras.

4/5

DR.G.JAYACHANDRAN,J.

ari and Crl.M.P.No.9013 of 2024 26.07.2024 5/5