Prasanna Kumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Prasanna Kumar .. Petitioner

Versus

1. Inspector of Police, Anti Vice Squad - II, Chennai.

(Crime No.23 of 2023)

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. Nupur Chharwar .. Respondents Prayer : Criminal Original Petition 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 deteneu by 1/5

name Nupur Chharwar and in pursuance direct the learned Judicial Magistrate No.I at Alandur to dispose the Crl.M.P.No.2876 of 2023 in Crime No.23 of 2023 on the file of the 1st respondent as expeditiously. For Petitioners : Mr.Rajkumar Paul For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1

ORDER

This petition has been filed by the brother of the detenue seeking for release of the detenue, who is now detained before the third respondent Government Home for Women.

2. The first respondent registered an F.I.R in Crime No.23 of 2023 for the offences under Sections 3(2)(a), 4(1), 5(1)(a) of Immoral Traffic Prevention Act, 1956. The petitioner is the brother of the fourth respondent, namely Nupur Chharwar was produced before the learned Judicial Magistrate No.I at Alandur showing her as a victim and she was detained in the home.

2/5

3. The learned Counsel for the petitioner submitted that the petitioner filed a petition in Crl.M.P.No.No.2876 of 2023 before the Court below seeking for the release of the petitioner's sister and the same is kept pending on the ground that the P.O report is yet to be filed before the Court. Aggrieved by the same, the present petition has been filed before this Court.

4. The learned Counsel for the petitioner brought to the notice of this Court the earlier orders passed by this Court in Crl.O.P.No.27063 of 2018, Crl.O.P.No.26714 of 2018 and Crl.O.P.No.29421 of 2018 wherein this Court has dealt with an issue of similar nature.

5. Taking into consideration the earlier order passed by this Court and also the facts and circumstances of this case, this Court is inclined to direct the third respondent to immediately release the fourth respondent from the Government Home for Women, Mylapore. The petitioner before taking her sister namely the fourth respondent from the home, shall produce necessary evidence to show her relationship with the fourth respondent. The fourth respondent on being released from the home, shall stay at Chennai and report before the learned Judicial Magistrate No.I at Alandur, once in a 3/5

week on Monday at 10.30 A.M till the P.O report is submitted before the Court.

6. This Criminal Original Petition is disposed off with the above direction. Consequently, the connected miscellaneous petition is also closed. 31.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs Note : Issue order copy today.

To

1. The Inspector of Police, Anti Vice Squad - II, 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. The Public Prosecutor, High Court of Madras.

4/5

N.ANAND VENKATESH, J.

grs 31.07.2023 5/5