R.Pushpalatha v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.20344 of 2021 and Crl.M.P.No.11071 of 2021 R.Pushpalatha

...Petitioner

Versus

1. State Represented by its Inspector of Police, K4 Anna Nagar Police Station, Anna Nagar, Chennai - 600 040.

2. The Chief Probation Superintendent, The Office of the Chief Probation Officer, CMDA Town-II, 2nd Floor, Egmore, Chennai.

3. The Superintendent, Government Home for Women, Mylapore, Chennai - 600 004.

4. Devi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the third respondent to file a report pertaining to the detention of the detenue by name Devi, D/o. Pushpalatha aged abut 33 years and in pursuance direct the learned IV Metropolitan Magistrate, Saidapet, to dispose of the Crl.M.P.No.10931 of 2021 in Cr.No.667 of 2021 as expeditiously.

For Petitioner :

Mr.K.M.Devan For R1 to R3 :

Mr.R.Vinothraja Government Advocate [Crl. Side]

O R D E R

This Criminal Original Petition is filed to direct the third respondent to file a report pertaining to the detention of the

detenue by name Devi, D/o. Pushpalatha aged abut 33 years and in pursuance direct the learned IV Metropolitan Magistrate, Saidapet, to dispose of the Crl.M.P.No.10931 of 2021 in Cr.No.667 of 2021 as expeditiously.

2.The first respondent registered an FIR in Crime No.667 of 2021 for the offences under Sections 3(2)(a), 4(1) and 5(1)(a) of Immoral Traffic Prevention Act, 1956. The petitioner is the mother of the fourth respondent, namely Devi was produced before the IV Metropolitan Magistrate Court, Saidapet, Chennai showing her as a victim and she was detained in the home on 15.10.2021. 3.The learned counsel for the petitioner submitted that the petitioner filed a petition in Crl.M.P.No.10931 of 2021 before the Court below seeking for the release of the petitioner's daughter 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 order passed by this Court in Crl.O.P.No.29421 of 2019, Crl.O.P.No.2525 of 2019, Crl.O.P. No.8202 of 2019 and Crl.O.P.No.8733 of 2019, 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 3rd respondent to immediately release the 4th respondent from the Government Home for Women, Mylapore. The petitioner before taking her daughter namely the 4th respondent from the home, shall produce necessary evidence to show her relationship with the 4th respondent. The 4th respondent on being released from the home, shall stay at Chennai and report before the IV Metropolitan Magistrate Court, Saidapet, Chennai, once in a 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 of, with the above direction. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar ah

To

1. The IV Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, K4 Anna Nagar Police Station, Anna Nagar, Chennai - 600 040.

3. The Chief Probation Superintendent, The Office of the Chief Probation Officer, CMDA Town-II, 2nd Floor,Egmore, Chennai.

4. The Superintendent, Government Home for Women, Mylapore, Chennai - 600 004.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.M.Devan, Advocate, S.R.No.57067 CRL.O.P.No.20344 of 2021 and Crl.M.P.No.11071 of 2021 RSV[co] NSK 02/11/2021