Madras High CourtCRL OP/18867/2020disposed of

Buibireiyang Pamei v. Inspector Of Police

2020-12-01Honourable Mr Justice T. Ravindran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.12.2020

CORAM

THE HONOURABLE MR. JUSTICE T. RAVINDRAN Crl.O.P.No. 18867 of 2020 and Cr.M.P. No.7451 of 2020 Buibireiyang Pamei S/o. Ramrichung Pamei ... Petitioner Vs.

1. The Inspector of Police K-4, Anna Nagar Police Station Chennai Crime No.976 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. Tabitha ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., praying to grant a general direction directing the 2nd respondent to file a report pertaining to the detention of the deteneu by name Tabitha Pamei and in pursuance direct the IV Metropolitan Magistrate, Saidapet, Chennai, to dispose of the Crl. M.P. No.1127 of 2020 in Crime No.976 of 2020 on the file of the 1st respondent as expeditiously.

For Petitioner : Mr. J. William Shakesphere For Respondents For R1 to R3 : Ms. M. Prabhavathi Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been laid by the petitioner seeking for a direction to the IV Metropolitan

Magistrate, Saidapet, Chennai, to dispose of the Crl. M.P. No.1127 of 2020 in Crime No.976 of 2020 on the file of the 1st respondent police.

2. The Crl. M.P. No.1127 of 2020 has been preferred by the petitioner seeking for the custody of the victim girl on the footing that the victim girl is his sister and she is not involved in any immoral activities and undertakes to produce her before the Court as and when required to do so.

3. The grievance of the petitioner is that the abovesaid Crl. M.P. has not been disposed of by the Court below and awaiting the report of the second respondent.

4. The Additional Public Prosecutor, taking notice on behalf of the respondents 1 to 3, submitted that a suitable direction may be given to the court below for the disposal of the Crl. M.P. preferred by the petitioner and the same would meet the ends of justice.

5. Considering the relief sought for by the petitioner, in the interest of justice, in my considered opinion, if a suitable direction is given to the court below for the early conclusion of the Cr. M.P. preferred by the petitioner as per law, no prejudice would be caused to either of the parties.

6. In the light of the abovesaid factors, the IV Metropolitan Magistrate, Saidapet, Chennai, is directed to dispose of the Crl. M.P.No.1127/2020, within a period of three weeks from the date of receipt of a copy of this order in accordance with law and also after considering the entitlement of the petitioner to seek the custody of the victim girl.

7. Accordingly, the Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bga To 1.IV Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police K-4, Anna Nagar Police Station Chennai Crime No.976 of 2020

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, Madras High Court, Chennai.

Crl.O.P.No.18867 of 2020 NRL(CO) CB(05/01/2021)